| Volume 31 Number 2 |
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The People’s Lawyer’s Tip of the Day
In Texas, there is no wage garnishment except for child support, student loans and certain taxes. A debt collector's threat to garnish your wages when he cannot do so, for example for a credit card debt, violates Texas and federal debt collection laws. Click here for more.
Pharmaceutical Cases May Face New Limits
A consumer was improperly injected with nausea medication. Ultimately, her arm was amputated. She sued the pharmaceutical company and won a judgment of over $6 million. The pharmaceutical company appealed to the Supreme Court, arguing the doctrine of pre-emption. Specifically they argued the primacy of federal regulation over prescription medications prevented such a judgment. Further, they argue drug makers may not make changes to labels without the approval of the FDA and thus consumers cannot sue under state law for harm caused by an FDA approved drug. What does this lawsuit mean for future pharmaceutical litigation? Click here for more.
Sprint Faces $1.2 Billion Class Action Lawsuit Over Early Termination Fees
Are you signed up with Sprint? Then you probably know that getting out of your contract early could be pretty pricey. Sprint has charged consumers fees for early release and now it has caught up with them. Consumers have brought a case alleging the fees were established as an arbitrary penalty to try to prevent dissatisfied customers from leaving. Further, they allege violations of federal law, and that the fees bear no relation to any cost incurred by the company. The judgment isn't final yet, but could be soon. What does this mean for you? Click here for more.
Laptop Battery Recall
Do you own one a HP, Toshiba, or Dell laptop? Your laptop may have a battery recall. Some problematic batteries have overheated and, in extreme instances, caused fire. Check to see if your battery is included in the problematic list. Click here for more.
Your Money
How can I calculate my divorce settlement? Click here for more.
For the Lawyers
Justice court has jurisdiction over eviction suits in Texas. Texas Government Code §24.471(b) does not authorize, nor could it authorize, consistent with Texas Property Code §24.004, trial of a forcible detainer suit in the 294th district court. Click here for more.