Texas Supreme Court Limits Discovery of Computer Hard Drives

On August 28, 2009, in In re Weekley Homes, L.P., a unanimous Texas Supreme Court rejected a plaintiff's discovery request to perform a forensic examination on certain defendant's employee's computer servers and hard drives in an effort to discover emails the plaintiff believed had previously been deleted by the defendant's employees.  Specifically, the plaintiff in the underlying case sought to "search for any emails stored on servers or back up tapes or other media, [and] any email folders in the email accounts of [the Employees]."  The plaintiff sought to perform this forensic exam after it believed the defendant had not produced everything that still may have been on the employees' hard drives. 

Continue Reading...

Chrysler Group, LLC To Accept Product Liability Claims

In a letter to Senator Dick Durbin yesterday, Chrysler Group, LLC, announced it will accept product liability claims on vehicles manufactured by the former Chrysler, LLC (formerly known as "Old Carco, LLC") which were/are involved in accidents on or after June 10, 2009 (the date Old Carco filed for bankruptcy protection).  This is a major reversal in Chrysler Group, LLC's position on this issue.

As part of a bankruptcy court-approved sale transaction, the "new" Chrysler Group, LLC would not have been responsible for product liability claims related to vehicles sold before June 10, 2009 by Old Carco.  Most people buying vehicles on or after June 10, 2009, and manfactured by Old Carco, had no idea they would not be able to hold the manufacturer responsbile for any product defects because the claims would  have been extinguished by the bankruptcy process.  Naturally, this outraged consumer rights advocates.  By accepting these product liability claims, Chrysler Group, LLC's position is consistent with that of General Motors and is a major victory for consumers.

Fatal Medical Errors Continue To Be Hidden Nationwide

According to a recent series of articles written by Hearst Newspapers and reported in both the Houston Chronicle and San Francisco Chronicle, medical negligence is the leading cause of accidental death in the United States.  The title of the series is called "Dead by Mistake" and reports that 98,000 people die each year from preventable medical errors.  A report from the Centers for Disease Control also concluded that 99,000 patients each year die from hospital-acquired infections almost all of which, experts say, are entirely preventable.

In 1999, a report entitled "To Err Is Human" was released and it was believed to be the beginning of greater patient safety.  Unfortunately, according to Dead by Mistake, efforts to establish a mandatory national reporting system of serious medical errors was blocked by the American Medical Association and American Hospital Association after both groups spent nearly $81 million in lobbying efforts to prevent such a reporting system.

Dead by Mistake is an intriguing and, unfortunately, frightening report of how many people die each year from unnecessary medical errors in the United States.  The report is quick to point out that we have mandatory reporting nationwide for fatal car wrecks, but not for medical errors.  It is believed that if there was mandatory reporting of serious medical errors, we would learn that the annual death rate among Americans from medical errors would exceed the annual number of deaths in car wrecks. 

The report concludes by offering tips to patients on how to try and protect themselves from medical errors.

Joseph Raz Article on "Responsibility & the Negligence Standard"

Joseph Raz, from Oxford University and Columbia Law, has recently updated the SSRN site by posting a new article entitled Responsibility & the Negligence Standard.

The following is an abstract of the article:

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the grounds of duties to pay damages.

You can download the article by clicking here.

Honda Recalls 440,000 Vehicles Containing Defective Airbags

Honda Motor Co. has recalled an additional 440,000 of its vehicles which contain defectivce airbags.  Affected models include the 2001-2002 Honda Accord, 2001 Honda Civic and 2002-2003 Acura TL.  Honda has said that airbag inflators in some of the sedans can rupture because of too much air pressure causing metal fragments to shoot through the airbag and strike occupants in the vehicles.  At least one fatality and several injureis have been caused by the defect.  The recall will require the driver's side steering-wheel-mounted airbag inflator to be replaced.

Honda is mailing a recall notice to registered owners of the vehicles in question to schedule a repair.  Honda owners can also log onto Honda's website at www.owners.honda.com/recalls and click on the "Owner Link" to get the status of their recall.