Dedicated to the Pursuit of Justice
The Mundy Firm congratulates Jeff Boyd of Austin on his appointment by Governor Perry to the Supreme Court of Texas.
Mr. Boyd brings real world experience in a court room to the Supreme Court of Texas.
He should prove a valuable addition to the court, especially on matters related to trial procedure, evidence, and trial issues.
The State of Texas brought a case against Johnson & Johnson for defrauding the State Medicaid program, claiming that J&J marketed its antipsychotic drug Risperdal for unapproved uses, including for children. The case started trial in Austin last week, and the settlement was reached during the trial. A lawyer in the case described the settlement as the largest ever in a Medicaid fraud case, according to an article in Bloomberg: The same article describes a company memo introduced in the case that pushed salespeople to flood clinics with Risperdal stuff in a 2004 campaign to boost prescriptions for children and adolescents.
An article in the American Bar Association Journal describes the Texas Workers' Compensation law and the opinions of many experts that it allows insurance companies to be unfair to workers. According to the article, even when workers have completely legitimate cases, all too frequently they don't get the medical care they need in a timely fashion.
Mundy Singley, LLP congratulate Judge Robert Pitman on his confirmation to be the new United States Attorney for the Western District of Texas. While we regret the loss of a fine federal judge on the bench in Austin, this is a high honor and we know the U.S Attorney's office will be in capable, experienced, and fair hands.
The Federal Motor Carrier Safety Administration is the U.S. Government agency that regulates the safety of commercial trucking and truck drivers. The FMCSA has proposed new rules to increase safety by reducing the "Hours of Service" for truck drivers. The rules are being considered but have not yet been finalized. Mundy & Singley support rules that improve safety requirements for truck drivers. The rule proposals can be found at the FMCSA web site: http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/hos-proposed.aspx
In an unfortunate ruling for consumers this week, the United States Supreme Court ruled that people harmed by generic prescription drugs due to inadequate warnings about the hazards cannot have their day in court. Although the lower courts had said the consumers could pursue their cases, the Supreme Court held that the federal FDA law forbids such cases completely. Mundy & Singley believe that all people should have access to the courts to pursue cases against companies that manufacture dangerous products, and thus we urge you to ask your member of Congress and Senators to change the FDA law so that it will allow injured people to have their day in court on these cases. The Court's opinion can be found on its website: http://www.supremecourt.gov/opinions/10pdf/09-993.pdf
Mundy & Singley previously received a favorable opinion from the Texas Supreme Court, granting a day in court against Defendant Crown Cork & Seal to the family of mesothelioma victim John Robinson and other families in similar circumstances exposed to asbestos products for which Crown is responsible. Crown asked the Texas Supreme Court to rehear the case and change their mind, and thus prevent the Robinsons from having their day in court. Mundy & Singley are proud to announce that the Texas Supreme Court today denied Crown's request for rehearing. This ends the appeal and allows the Robinson family to finally go forward to a jury trial against Crown, Cork & Seal.
Reprinted with permission from the March 21, 2011, edition of the Texas Lawyer. All rights reserved. Further duplication without permission is prohibited.
There was a time when civil-defense lawyers in Texas advocated for tort reform because of the benefit to their clients. But as the Texas Legislature considers once again altering the civil justice system, many are changing their minds about the need for more reform.
On March 14, bills were introduced in the state House of Representatives and the state Senate that propose so-called "loser pays" provisions for most civil litigation. Two of those bills want to make the losing party and, in one bill, the losing lawyers responsible for paying the prevailing party's attorneys' fees and litigation costs, but in completely different ways.
S.B. 13 sponsored by state Sen. Joan Huffman, R-Houston, a former criminal court judge allows a "prevailing party" to recover attorneys' fees for a va
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