Search for: "Matter of S.W."
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9 Oct 2008, 4:28 am
As a matter of substantive law, medical monitoring is really controversial. [read post]
18 Jul 2014, 11:55 am
Wife puts New Baby’s carseat in the front seat, and plows into a telephone pole (or something else, it really doesn't matter). [read post]
31 Jan 2023, 9:31 am
., 243 S.W.3d 630, 634 (Tex. 2008). [read post]
21 Aug 2023, 1:07 pm
., 440 U.S. 202, 203 (1979) (“[C]ompensation to cover a landowner’s litigation costs is a matter of legislative grace rather than constitutional command. [read post]
10 Oct 2007, 10:59 pm
., 217 S.W.3d 307 (Ky. 2006).........7 Brown v. [read post]
10 Jan 2010, 4:13 pm
Co., 267 S.W.2d 20 (Tex. 2008) In this case, the Texas Supreme Court adopted an “injury in fact” trigger for construction defect cases, declaring that allegations of ongoing property damage as the result of the insured’s negligent installation of EIFS in the plaintiffs’ homes triggered coverage throughout the period that water intrusion allegedly occurred. [read post]
2 Apr 2021, 2:35 pm
Ousley, 393 S.W.3d 15, 25–26 (Ky.2013) (distinguishing Greenwood because it did not deal with garbage within the curtilage). [read post]
18 May 2012, 11:12 am
SOURCE: TEXAS SUPREME COURT - In re Smith, 333 S.W.3d 582, 585 (Tex. [read post]
3 Feb 2011, 2:11 pm
A few weeks ago a regular reader, and occasional correspondent, Prof. [read post]
24 Mar 2011, 1:15 pm
Preemption is a matter of federal law overriding state law, so it’s logical to think that state judges may have a different perspective than federal ones. [read post]
19 Mar 2022, 2:09 pm
” In other words the FDA’s risk assessment exists to guide agency action, not to determine a person’s risk or medical status.[10] As small and theoretical as the risks are, they are frequently based upon demonstrably incorrect assumptions, such as: humans are as sensitive as the most sensitive species; all organs are as sensitive as the most sensitive organ of the most sensitive species; the dose-response in the most sensitive species is a simple linear relationship; the linear… [read post]
27 Feb 2017, 6:48 am
., 448 S.W.3d 169 (Tex.App. [read post]
21 Apr 2010, 12:08 pm
It communicates the agency’s position on a matter, but it does not commit FDA to taking enforcement action. [read post]
29 Mar 2021, 7:10 pm
Some notes on vexing issue, which fortunately has never serious issue for me. [read post]
2 Jul 2017, 8:40 pm
” It consolidated several cases involving matters like property protection, merging separate health insurance plans into a family plan, the legal rights associated with a child’s birth, inheritance tax exemption, healthcare benefits, intestacy, loss of consortium damages, workers compensation, listing both parents on birth certificate, and including a spouse’s name on a death certificate. [read post]
22 Oct 2012, 5:26 am
After Eric J. [read post]
25 Jul 2011, 11:17 am
State Farm Lloyds, 202 S.W.3d 744 (Tex. 2006).Chinese Drywall: CHINESE DRYWALL-RELATED LOSS NOT AN 'ACCIDENT' FOR COVERAGE PURPOSES, Lopez v. [read post]
22 Feb 2017, 9:06 am
The fact of the matter, however, is that there is no conclusive case for the claim that talc causes ovarian cancer. [read post]
17 Oct 2015, 5:29 am
Here is one that is not discussed: shifting the burden of proof on admissibility to the opponent of the expert witness’s opinion: “Testimony from an expert is presumed to be helpful unless it concerns matters within the everyday knowledge and experience of a lay juror. [read post]
6 Nov 2022, 10:44 am
Gilley, 778 S.W.2d 862, 864 (Tenn. [read post]