“J&J Effort to Use Bankruptcy to End Talc Cancer Claims Rejected”
HowAppealing
APRIL 1, 2025
Bankruptcy Court for the Southern District of Texas at this link. .” You can access yesterday’s ruling of the U.S.
Johnson and Johnson bankruptcy strategy rejected in talcum powder lawsuit
JURIST
JANUARY 31, 2023
The circuit court’s decision is the first judicial rejection of the so-called “Texas two-step,” a novel and controversial legal strategy in which large corporations attempt to shield themselves from mass tort liability through bankruptcy claims. The entity with the tort liability then files for bankruptcy.
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“J&J Bankruptcy Ruling Undercuts Central Move in ‘Texas Two-Step'”
HowAppealing
JANUARY 31, 2023
” The post “J&J Bankruptcy Ruling Undercuts Central Move in ‘Texas Two-Step'” appeared first on How Appealing. .” ” The post “J&J Bankruptcy Ruling Undercuts Central Move in ‘Texas Two-Step'” appeared first on How Appealing.
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US appeals court proposes AI restrictions in all court filings
JURIST
NOVEMBER 23, 2023
Hallucinations are incorrect outputs that could lead to tort liabilities, consumer harm or regulatory breaches. However, in the context of lawyers using artificial intelligence , AI poses problems such as “hallucinations,” unpredictability, and response divergence.
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How to Prove Negligence After a Texas Car Crash
LegalReader
JULY 29, 2022
Texas is known as a “tort state.” This means that in order to receive a settlement, you must prove that someone else was to blame.
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Federal jurisdiction and the constitutionality of eviction moratoriums
SCOTUSBlog
APRIL 25, 2025
Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists.
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Serving Foreign Defendants: Navigating the Hague and Texas Substituted Service
Patently O
DECEMBER 18, 2023
Texas law provides a mechanism for service of process of non-Texas-residents who engage in business in Texas, but without a regular place of business or a designated agent. This substitute service process is that the Texas Secretary of State will serve as the designated agent. And, therefore, that the service was proper.
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The Texas Two-Step and Big Pharma
Fordham Law News
SEPTEMBER 24, 2023
They all used bankruptcy to try to get out of mass tort claims. [1] They all used bankruptcy to try to get out of mass tort claims. [1] Like Purdue Pharma, Johnson & Johnson attempted to do something similar, but used the Texas two-step to avoid huge liabilities. 4] This strategy is known as the Texas two-step. [5]
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Texas Bill Will Make It Harder to Sue Companies for Semi-Truck, Other Commercial Accidents
LegalReader
MAY 21, 2021
The bill would make it substantially more difficult to file a lawsuit against negligent transportation companies.
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The Pros and Cons of Going Solo vs. Large Firm
Paralegal Bootcamp
APRIL 15, 2022
States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law.
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TikTok Torts: Idaho Professor Sues “Internet Sleuth” for Defamation Over Idaho Murders
JonathanTurley
DECEMBER 29, 2022
Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. Scofield denies ever meeting any of the victims, let alone having an affair with one of them.
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Now or Then? The Temporal Aspects of Choice-of-Law Clauses
Conflict of Laws
OCTOBER 3, 2022
That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Several years ago, I published a paper that examined how U.S. courts interpret choice-of-law clauses.
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Second chance to evaluate ban on encouraging unlawful immigration
SCOTUSBlog
SEPTEMBER 17, 2022
Humphrey when a plaintiff would be required to disprove any part of the unqualified factual basis for his conviction in order to succeed in the tort action; (2) whether, under Heck , a 42 U.S.C. Williamson County, Texas. Issues : (1) Whether a claim is cognizable under Heck v. Mansfield v.
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New Judicial Analytics Product Predicts Motion Outcomes with Claimed 86.7% Accuracy
LawSites
JULY 7, 2022
But it plans to expand to cover other types of motions, such as summary judgment, and to include state courts, with California, New York and Texas already in development. Rabinowitz is a lawyer who practiced as an associate in Sidley LLP’s Supreme Court & Appellate and Mass Tort Litigation groups.
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Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive
Patently O
FEBRUARY 22, 2023
bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] 29] Notably, they continue to file and litigate in the Western District of Texas; IP Edge, too, has ceased filing in Delaware, per reporting and data. [30]
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Climate Litigation Chart Updates – November 2016
ClimateChange-ClimateLaw
NOVEMBER 1, 2016
Texas Federal Court Ordered Jurisdictional Discovery in Exxon Case Against Massachusetts Attorney General, Citing Concern That State’s Investigation Was Undertaken in Bad Faith. The Texas federal court said that ExxonMobil’s allegations raised concerns that Healey had issued the CID in bad faith, which would preclude Younger abstention.
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Liability for undelivered mail and the chilling effect of subpoenas
SCOTUSBlog
APRIL 17, 2025
Texas to answer the question whether a trial court abridges a defendants Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendants testimony during an overnight recess. Two new cases were granted on Monday from the rolls of relisted cases. She alleges that U.S.
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Justices consider next steps in murder case in which prosecution admits error
SCOTUSBlog
MARCH 20, 2025
The court also denied the motion by Alabama and 18 other states to bring a case against California and four other states directly in the Supreme Court to block a series of lawsuits against fossil fuel producers, saying that those suits impermissibly sought to dictate interstate energy policy through the aggressive use of state-law tort suits.
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Yum — See Also
Above The Law
MAY 21, 2021
Everything's Bigger In Texas : Including tort liability after absolutely nutty abortion bill signed into law. There's No Such Thing As A Free Lunch : Unless you work at Ropes & Gray! Shocking No One, Republican Slept With A Child : But the Wyoming congressional hopeful thinks we should let it slide.
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Spooky Torts: The 2022 List of Litigation Horrors
JonathanTurley
OCTOBER 30, 2022
Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.
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Spooky Torts: The 2021 List of Litigation Horrors
JonathanTurley
OCTOBER 31, 2021
Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost.
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Petitions of the week: Four petitions that test the limits on lawsuits against the government
SCOTUSBlog
JANUARY 8, 2021
United States , the Supreme Court ruled that the Federal Tort Claims Act, in which Congress waived the federal government’s sovereign immunity from tort liability, nonetheless did not allow servicemembers to bring claims for injuries “incident to service.” Texas Mutual Insurance Co. In 1950’s Feres v. PHI Air Medical, LLC v.
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The morning read for Wednesday, August 21
SCOTUSBlog
AUGUST 21, 2024
Here’s the Wednesday morning read: Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press) Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9) Supreme Court decisions could determine future of clean air, water in East (..)
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Starting a Paralegal Career Without a Paralegal Certificate
Paralegal Bootcamp
APRIL 27, 2023
Jessie is a board certified trial paralegal in Texas. I decided I wanted to get a paralegal certificate through a program that the University of North Texas offered. I learned that you’re a board-certified trial paralegal in Texas and that you did that in 2018. In this blog, I’m interviewing Jessie Foss.
Voting Is Open! Pick the 15 Finalists to Compete At Startup Alley at ABA TECHSHOW 2024 in February
LawSites
DECEMBER 4, 2023
Target customer: Lexamica works with all sizes of law firms from large plaintiff firms in single event mass torts to solos who need access to a trustworthy network of peers to refer cases to. Founded: 1/9/2022, Austin Texas. Overture Law is our main competitor in the space. Demo video: [link]. Founded: 12/31/2021, Little Rock, AR.
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Court splits 4-4 on what it means to “use” a locomotive
SCOTUSBlog
APRIL 29, 2022
The answer had consequences for a tort suit brought by Bradley LeDure, a former Union Pacific engineer who fell on a locomotive while it was parked in an Illinois railyard. Texas , leaving in place the U.S. LeDure shows that even low-temperature cases presenting bread-and-butter issues of statutory interpretation can produce division.
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Three Martha Vineyard Migrants File Lawsuit Against DeSantis
JonathanTurley
SEPTEMBER 22, 2022
Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. The splattering of a claims face considerable legal barriers based on the consent of the migrants, as shown in a waiver released by Florida.
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Corporate Bankruptcies Balloon in Early 2023
Intelligize Blog
APRIL 27, 2023
The UK-based theater chain began Chapter 11 proceedings in Texas in September and announced in January that it would close 39 Regal Cinemas theaters across the United States. However, the bankruptcy story generating the most interest in the business and legal worlds now may be Johnson & Johnson’s attempt to pull off a “ Texas Two-Step.”
The long conference’s relists
SCOTUSBlog
OCTOBER 5, 2023
Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. Gonzalez v. 26 conference) King v.
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“I’m Glad this is on Video, I’m Very Glad:” Texas Shooting Raises Difficult Questions Under Texas Self-Defense Law
JonathanTurley
DECEMBER 1, 2021
There is another tragic case out of Texas involving rivaling claims of self-defense and provocation. The Texas SYG law states in part : Sec. Defense of third person ), Carruth could raise a claim under the Texas Castle doctrine. He is the husband of Judge Anne-Marie Carruth, who is seeking a divorce).
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Choice of Law in the American Courts in 2023
Conflict of Laws
FEBRUARY 29, 2024
The court held that plaintiffs had alleged sufficient conduct in the United States to support their Alien Tort Statute (ATS) claim and that the Tort Victim Protection Act (TVPA) permitted aiding and abetting claims against the corporate executives.
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Texas Man Invokes “Stand Your Ground” Law After Being Charged For Shooting Man In Parked Car
JonathanTurley
OCTOBER 26, 2021
The latest such case comes from Martindale, Texas where Terry Duane Turner, 65, is charged with the first-degree murder of Adil Dghoughi, 31. We have previously discussed such shootings in driveways, including a Texas case with similar defense claims. Dghoughi’s family can also sue in torts. In the case of Courvoisier v.
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“No One is Allowed to Touch Her!”: Child Bitten By Pet Monkey in Halloween House of Horrors
JonathanTurley
NOVEMBER 8, 2021
We had just finished discussing animal liability in my torts when a bizarre case from Halloween surfaced involving the girlfriend of Texas special teams coach Jeff Banks. and they say my torts exams are unrealistic. It’s already clear as day on the gate “Don’t touch,” nobody’s allowed back here without my permission.”.
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Texas Criminally Charges Bartender With “Overserving” Customer Involved in Deadly Crash
JonathanTurley
FEBRUARY 7, 2023
In my torts class, I teach “Dram Shop” cases where bars and restaurants are subject to civil liability for “overserving” customers. If this were a conventional torts case, there would be little controversy. These lawsuits are generally brought by third parties who are injured in car accidents by drunk drivers.
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2021: Abstracts
Conflict of Laws
APRIL 26, 2021
The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. Pfeiffer: Effects of adoption and succession laws in US-German cases – the example of Texas.
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Court to consider emotional distress damages under anti-discrimination laws
SCOTUSBlog
NOVEMBER 29, 2021
In 2016, she sought physical therapy services for back pain from respondent Premier Rehab, a company that operates rehabilitation facilities in Texas and receives federal funds. Cummings primarily communicates in American Sign Language. Cummings asked Premier to provide her with an ASL interpreter.
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Washington family counselor challenges state’s ban on conversion therapy
SCOTUSBlog
APRIL 15, 2023
Brownback 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. A list of this week’s featured petitions is below: King v. Devillier v.
Court Rules Air Force Is More At Fault For Mass Shooting Than The Shooter
JonathanTurley
JULY 7, 2021
There was a remarkable decision by a Texas federal judge this week when U.S. District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley.
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Indianapolis Police Officer Sues NFL For Defamation in Anti-Racism Campaign
JonathanTurley
JUNE 16, 2021
The complaint below details how Reed stole a handgun from a pawn shop in Texas and livestreamed himself committing a “drive-by” shooting in which he fired the stolen handgun blindly into buildings as he drove past. However, this is now a defamation action which could present significant challenges based on the elements for the tort.
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Tree Cutting Dispute Leads to Murder Charges in Florida
JonathanTurley
SEPTEMBER 21, 2023
The laws have produced perverse results as in the controversial case of Tom Horn in Texas. There is an allowance in torts for mistaken self-defense. These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. A position partially supported by his son. Raymond , 23 Colo.
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Oklahoma Man Shots Unarmed Woman in the Back After She Tears Down His Nazi Flag
JonathanTurley
JULY 27, 2021
I teach these cases in my torts class and they raise many of the same issues. The laws have produced perverse results as in the infamous case of Tom Horn in Texas. It is based entirely on what Feaster claims to have been told by a neighbor. McVay is also suing for $75,000 toward medical bills, lost time and negligence.
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New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire on Gun Control
JonathanTurley
DECEMBER 19, 2021
I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. After all, who needs Texas when gun rights advocates have New York? You can find his updates on Twitter @JonathanTurley.
Southwest Airlines and the Transportation Workers Union Hit with Over $5 Million Verdict Over the Firing of a Pro-Life Employee
JonathanTurley
JULY 18, 2022
There is a major verdict in a free speech case out of Texas where Charlene Carter, a former Southwest flight attendant won a verdict of more than $5 million for her wrongful termination after a posting on social media criticizing her union on its abortion stand.
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University of South Carolina Student Killed in Possible Castle Doctrine Case
JonathanTurley
AUGUST 28, 2023
It is an all-too-familiar pattern that we often discuss in my torts class where people are confused and try to enter the wrong home. They have resulted in some highly controversial cases like that of Tom Horn in Texas. He was reportedly trying to enter the wrong home near the campus around 2 am.
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