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After Texas Court Avoids Question on Duty to Warn, Can Suppliers Relax?
The nation's silica litigation attorneys and their clients kept a close watch on a case decided last year in Texas that was supposed to help define the limits of liability for failure to warn of silicosis danger. It took nearly 2 years for the Texas Supreme Court to finally issue its decision in Humble Sand & Gravel Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004), holding that flint supplier Humble Sand & Gravel Inc. had no duty to warn companies whose employees used the product for abrasive blasting that there were risks associated with silica dust in the workplace. The reason the court gave for its decision was that the risks of silica dust in the workplace had been known for years and companies that regularly dealt with blasting materials were “sophisticated users.”
What the court did not rule on was the second key question posed by the case: whether the “sophisticated user” doctrine would also relieve an abrasive material supplier of the duty to warn its customers' employees ' who work with the product and are thus vulnerable to inhalation diseases ' that exposure to silica dust can lead to serious disease and death and that they should wear protective equipment when working with the product. A decision on this issue, the court stated, would have to be determined at a new trial. Therefore, the court remanded to the 60th District Court in Beaumont for a new trial. The decision reversed Texas' Sixth District Court of Appeals holding, which had affirmed a more than $2 million judgment for Raymond Gomez and his two children.
So, what became of that second question the court didn't answer in September? Should preventive measures be taken by the industry to avoid a potential new source of liability?
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.