The farae naturae doctrine, also known as the wild animal doctrine, protects the property owner from a claim by an invitee claiming that the owner has a duty to warn. Specifically, it limits the liability of an owner for any harm caused by indigenous animals on the...
Month: September 2020
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
Defense Attorney Sanctioned After Pre-Trial Survey of the Jury Pool: Texas Supreme Court Overrules
The Supreme Court of Texas recently reversed an order for sanctions against the defense attorney in a product-liability and wrongful-death case after finding a lack of evidence to support bad-faith. In Brewer v. Lennox Hearth Prods., LLC, the attorney for a...
THE PITFALLS OF EXPERT QUALIFICATION
A recent opinion from the Southern District of Florida, O’Malley v. Royal Caribbean Cruises, Ltd., provides a stark reminder of the importance of properly qualifying an expert. No. 17-21225-Civ-SCOLA/TORRES, 2018 Lexis 99052 (S.D. Fla. June 13, 2018). In this case,...