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Legal Articles: DeHay & Elliston, L.L.P.

 







Document(s) published by this organization: 10


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HTMLTexas Supreme Court Rejects “Any Exposure” Theory and Tweaks Havner for Toxic Tort Cases Flores Decision Applied to Meso Cases
DeHay Elliston L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 16, 2014
In a decision issued, Friday July 11 2014, the Texas Supreme Court held that: (1) the substantial factor causation recognized in Borg-Warner Corp. v. Flores, applies to mesothelioma cases; and (2) Plaintiffs were not required to prove that but for Bostic’s exposure to Georgia-Pacific...

 

HTMLGeorgia Pacific, LLC v. Farrar: Limiting Defendants Liability for Asbestos Exposure
DeHay Elliston L.L.P.;
Legal Alert/Article
March 21, 2014, previously published on March 17, 2014
Plaintiff filed suit against thirty Defendants for take home exposure due to asbestos. Plaintiff, Joyce Farrar, alleged that asbestos exposure caused her mesothelioma. Plaintiff lived with her grandparents from the early 1950s until she married in 1974. Her grandfather, John Hentgen, was a mechanic...

 

HTMLE-Discovery in Texas
DeHay Elliston L.L.P.;
Legal Alert/Article
March 17, 2014, previously published on March 3, 2014
Texas was the first state to enact a discovery rule concerning electronically stored information. Texas Rule of Civil Procedure 196.4 addresses the right to discover electronically stored information, the scope of such discovery, the form of production, and cost shifting. Unlike the Federal Rules,...

 

HTMLCVS Announces Ban on Cigarette Sales
DeHay Elliston L.L.P.;
Legal Alert/Article
February 12, 2014, previously published on February 7, 2014
CVS Caremark (pharmacy) just announced they will stop selling tobacco products in all of its 7600+ US stores by October 1st. CVS has come to the realization that selling tobacco products is incompatible with its commitment to improving the health of its customers. The Campaign for Tobacco-Free Kids...

 

HTMLSurgeon General's Updated Report: Smoking
DeHay Elliston L.L.P.;
Legal Alert/Article
February 7, 2014, previously published on February 3, 2014
January 2014 marked the 50 year anniversary of the landmark 1964 Surgeon General’s report: Smoking and Health. Tremendous progress has been made over the last 50 years. As the report states, “adult smoking rates have fallen from about 43% (1965) to about 18% today.” However,...

 

HTMLTexas Courts are Serious about the Opportunity to Cure
DeHay Elliston L.L.P.;
Legal Alert/Article
February 7, 2014, previously published on January 27, 2014
We recently had a case in which the plaintiff sued our client for allegedly defective products and demanded that we pay for the cost of remediation necessitated by the defect. The total claimed for remediation was close to $300,000, plus attorneys’ fees for breach of contract. We counter-sued...

 

HTML2014 Amendments to Texas Rules of Civil Procedure
DeHay Elliston L.L.P.;
Legal Alert/Article
January 7, 2014, previously published on January 1, 2014
Several important amendments have been made to the Texas Rules of Civil Procedure regarding methods of service and calculation of deadlines. The amendments are effective as of January 1, 2014.

 

HTMLDomestic Exposure to Asbestos: A Literature Review
DeHay Elliston L.L.P.;
Legal Alert/Article
December 16, 2013, previously published on December 1, 2013
While occupational exposure to asbestos and any resulting disease from such exposure has been the subject of studies and journal articles, there have been fewer studies involving whether non-occupationally exposed individuals may have health effects from any domestic exposure. Goswami, et al...

 

HTMLAsbestos Exposure in Iran: Home Demolition
DeHay Elliston L.L.P.;
Legal Alert/Article
December 16, 2013, previously published on December 11, 2013
Iran imports nearly 55,000 tons of asbestos per year, and 95% of that is used in the construction injury, including asbestos cement plants. Kakooei and Normohammadi studied the demolition of 13 houses in Tehran, Iran to determine whether the demolition of homes where asbestos-containing...

 

HTMLVerdict Against Cigarette Manufacturer for Asbestos Exposure
DeHay Elliston L.L.P.;
Legal Alert/Article
November 1, 2013, previously published on October 28, 2013
Many of the asbestos-related verdicts that are covered in the news relate to workers who used materials and products alleged to contain asbestos, when those workers were performing their jobs in mechanical or industrial settings. Recently, a Florida jury ordered a defendant to pay $3.5 million in...