All Topics

• Texas Angling For Driver's Checkpoints

  Brooks Schuelke | November 12, 2008 10:09 AM | 0 CommentsAustin, TX

  Several news outlets are reporting that the Texas Department of Public Safety has asked the Attorney General's office for an opinion on whether driver checkpoints would be legal. Checkpoints have a...

• What Does Obama's Election Mean For Preemption?

  Brooks Schuelke | November 06, 2008 12:01 PM | 0 CommentsAustin, TX

  We've spent the last month talking about preemption and earlier this week the Supreme Court heard the critical case of Wyeth v Levine, but was it all for nought? Is it possible that an Obama...

• Will Austin Ban Text Messaging While Driving?

  Brooks Schuelke | November 04, 2008 11:18 AM | 0 CommentsAustin, TX

  A few weeks ago, young Griffin Jones was seriously injured in a car wreck near Bastrop. His family's car was stopped to make a turn when another vehicle slammed into them from behind at full speed....

• The FDA Is Criticized For Its Stance On BPA

  Brooks Schuelke | November 01, 2008 10:16 AM | 0 CommentsAustin, TX

  Those watching the news have surely heard about the BPA controversy. BPA is a common product used in plastics, including hard plastic water bottles, baby bottles and the linings of soda cans. It has...

• Is The FDA Even Opposed To Complete Immunity Preemption?

  Brooks Schuelke | October 30, 2008 11:54 AM | 0 CommentsAustin, TX

  Regular readers know that we've been looking at complete immunity preemption issues this month. In looking at these preemption issues, we've already seen how doctors are opposed to FDA preemption of...

• Halloween Candy Recalled -- Be On The Lookout For Chocolate Pirate Coins

  Brooks Schuelke | October 28, 2008 12:09 PM | 0 CommentsAustin, TX

  The problems with Chinese products may come to the public's attention this year as more and more Chinese Halloween candy is recalled. Yesterday I received a belated notice that Sherwood brand...

• Even Doctors Are Against Complete Immunity Preemption

  Brooks Schuelke | October 23, 2008 3:22 PM | 0 CommentsAustin, TX

  With the Wyeth v. Levine case slated to be argued soon, preemption continues to stay in the news, and one of the biggest stories came out earlier this week when the Journal of the American Medical...

• Texas Supreme Court Candidates Awash In Contributions

  Brooks Schuelke | October 21, 2008 4:38 PM | 0 CommentsAustin, TX

  Yesterday, early voting started in Texas. Lost amidst the hype of the presidential election are the elections of three Texas Supreme Court justices. Unfortunately, their race highlights a growing...

• The Wall Street Journal and the American Association of Justice Show How Timely We Are On Complete Immunity Preemption

  Brooks Schuelke | October 15, 2008 12:29 PM | 0 CommentsAustin, TX

  Those of us at Injuryboard have been discussing complete immunity preemption issues for the entire month. There were two big developments in the federal preemption story today. First, the Wall...

• Seat Belt Rules Provide A Timely Example of Preemption

  Brooks Schuelke | October 15, 2008 7:55 AM | 0 CommentsAustin, TX

  Last Friday, I wrote a post about preemption by rulemaking, but even I didn't know how timely it was. Thursday afternoon the National Highway Traffic Safety Administration issued new rules...