Sentences with phrase «multiple appellate court decisions»

Judge Haas» concise advice in less than 200 words is so well known and so widely respected that it has been referenced in multiple appellate court decisions, including Burke v. Burke, Tennessee Court of Appeals, No.

Not exact matches

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.