InjuryBoard Austin Archives

• Is The FDA Even Opposed To Complete Immunity Preemption?

  Brooks Schuelke | October 30, 2008 11:54 AM | 0 Comments
  Category: FDA & Prescription Drugs

  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 Comments
  Category: Defective & Dangerous Products

  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 Comments
  Category: FDA & Prescription Drugs

  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...

• The Other Side of Preemption

  Brooks Schuelke | October 21, 2008 8:39 PM | 1 Comments
  Category: FDA & Prescription Drugs

  Those of us at Injuryboard have been doing a series on the dangers of complete immunity preemption, and we've been talking about the dangers of preemption. In order to be fair, I wanted to highlight...

• Texas Supreme Court Candidates Awash In Contributions

  Brooks Schuelke | October 21, 2008 4:38 PM | 0 Comments
  Category: Miscellaneous

  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 Comments
  Category: Defective & Dangerous Products

  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 Comments
  Category: Defective & Dangerous Products

  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...

• John Chiles Saves Man's Life in Fiery Dallas Truck Crash

  Brooks Schuelke | October 14, 2008 11:24 AM | 0 Comments
  Category: Tractor-Trailer Accidents

  Readers of this blog may not know it, but I'm a huge University of Texas fan. I went to UT for undergrad and law school. My dad played baseball at UT, my mom went to UT, and my younger brother went...

• Federal Preemption Part 4: Tort Reform By Rulemaking

  Brooks Schuelke | October 10, 2008 2:37 PM | 0 Comments
  Category: Miscellaneous

  In our series on federal preemption, we've looked at an overview of federal preemption and examples of express preemption and implied preemption. Today, we'll look at one of the most egregious forms...

• Federal Preemption Part 3: A Products Liability Case Study As Example of Implied Preemption

  Brooks Schuelke | October 08, 2008 10:47 AM | 0 Comments
  Category: Defective & Dangerous Products

  As you know, several Injuryboard attorneys are taking the month of October to discuss federal preemption. We started off with an overview of preemption and then posted earlier this week describing...

• Federal Preemption Part 2: Medical Devices As A Case Study of Express Preemption

  Brooks Schuelke | October 07, 2008 8:17 AM | 0 Comments
  Category: Medical Devices & Implants

  Last week we had our first post on federal preemption, and we talked about the general principles behind preemption. Today, we'll use medical devices as a case study on how preemption might work in...

• Should Austin Be Worried About Passenger Train Wrecks, Part 2

  Brooks Schuelke | October 06, 2008 10:47 AM | 0 Comments
  Category: Mass Transit (Airline, Cruise Ship, Train, Bus)

  A couple of weeks ago, I wrote a post asking Should Austin Be Concerned About Los Angeles Train Wrecks? where I questioned whether wrecks similar to the LA commuter rail wrecks could occur here when...

• What Is Federal Preemption?

  Brooks Schuelke | October 03, 2008 6:04 PM | 0 Comments
  Category: Miscellaneous

  Injuryboard has appropriately devoted the month of Halloween to teaching about one of the scariest topics for personal injury lawyers and plaintiffs: federal preemption. Federal preemption is one...

• Even Celebrities Aren't Immune To Insurance Company Shenanigans

  Brooks Schuelke | October 01, 2008 10:58 AM | 2 Comments
  Category: Miscellaneous

  It was widely reported yesterday that the daughter of actor Heath Ledger had to file suit against her father's life insurance carrier, ReliaStar Life Insurance Company, after the company refused to...