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  • Jan 7, 2014Ann Badmus, Lawline faculty
    Author(s): Ann Badmus

    Lawline.com faculty

    Attorneys:
     • Ann Badmus

    Practice Areas:
     • Immigration


  • Jan 7, 2014Ann Badmus, Newsletter Contributor
    Author(s): Ann Badmus

    Ezinearticles.com contributor

    Attorneys:
     • Ann Badmus

    Practice Areas:
     • Immigration


  • Jan 7, 2014Ann Badmus, Newsletter Contributor
    Author(s): Ann Badmus

    JDSupra.com contributor

    Attorneys:
     • Ann Badmus

    Practice Areas:
     • Immigration


  • Jan 7, 2014Ann Badmus, Author of Immigration Prescription: The Practical Guide to Immigration for Foreign Born Physicians
    Author(s): Ann Badmus

    Author, Immigration Prescription:  The Practical Guide to Immigration for Foreign Born Physicians

    Attorneys:
     • Ann Badmus

    Practice Areas:
     • Immigration


  • Jan 7, 2014Ann Badmus, Guest Columnist
    Author(s): Ann Badmus

    Guest Columnist, Asian Beat newspaper

    Attorneys:
     • Ann Badmus

    Practice Areas:
     • Immigration

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News

  • Dec 17, 2014It's Good to be an "Innocent" Seller in Texas

    Enacted in 1993, Chapter 82 of the Texas Civil Practices and Remedies Code provides various benefits and protections to "innocent" sellers who are named as defendants in product liability suits.   Key Definitions   In order to take advantage of the provisions of Chapter 82, however, a seller must meet certain threshold definitions.  First, the action in which the seller is named as a defendant must have been filed "against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories."  Section 82.001(2).  In other words, the suit must be based on an allegedly defective product.   Second, the "seller" must be "a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof."  Id. at Section 82.001(3).   Third, the seller cannot be a "manufacturer," defined as "a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce."  Id. at Section 82.001(4).   Innocent Sellers   "Innocent" sellers are those that did not manufacture the product; did not participate in its design; did not alter or modify the product (where such alteration and/or modification allegedly caused the claimant's injuries, death, or property damage); did not install the product (where the installation allegedly caused the claimant's injuries, death, or property damage); did not exercise substantial control over the content of the product's warnings or instructions (that were inadequate and allegedly caused the claimant's injuries, death, or property damage); did not make any incorrect, express factual representations concerning the product that were relied upon by the claimant to his/her detriment; and did not have actual knowledge of the product's alleged injury-producing defect at the time the seller supplied the product to the claimant.  See id. at Section 82.003(a)(1-6).    Manufacturer's Duty to Indemnify Innocent Sellers   Once the seller establishes itself as "innocent," the product manufacturer must indemnify the innocent seller for its court costs, other reasonable litigation expenses, reasonable attorney's fees, and any other reasonable damages incurred.  Id. at Section 82.002(g).   The manufacturer's duty to indemnify innocent sellers applies without regard to how or when the products liability action is concluded and is in addition to any other obligation to indemnify established by law, contract, or otherwise.  See id. at Section 82.002(e).  The manufacturer may contest the seller's innocence but Texas appellate decisions interpreting Chapter 82 have held that a seller's right to indemnification arises: (1) whether or not the seller was in the chain of distribution; (2) whether or not the product manufacturer manufactured the subject product, as long as it manufactured  similar products; and (3) whether or not proof of a product defect was adduced.   Jonathan M. Spigel is a Shareholder with the Dallas office of Cowles & Thompson, P.C. He can be reached at jspigel@cowlesthompson.com.

    Attorneys:
     • Jonathan Spigel

    Practice Areas:
     • Corporate and Business


  • Dec 17, 2014New Year Resolutions

    This is the time of the year when we look back to assess whether we met our 2014 goals! We also make resolutions to accomplish new (or similar) goals in 2015.   As an immigration attorney, I suggest employers put I-9 compliance at the top of their New Year Resolutions List. However, before we get too busy reviewing what we did and what we did not do so well in 2014 and write down our resolutions for 2015, I invite you to take a few minutes to read the paradox of our time (below).  This is an essay that is often attributed to George Carlin, but was in fact written by Dr. Bob Moorehead, former pastor of Seattle's Overlake Christian Church.   The Paradox of Our Time   The paradox of our time in history is that we have taller buildings but shorter tempers, wider freeways, but narrower viewpoints. We spend more, but have less; we buy more, but enjoy less. We have bigger houses and smaller families, more conveniences, but less time. We have more degrees but less sense, more knowledge, but less judgment, more experts, yet more problems, more medicine, but less wellness.   We drink too much, smoke too much, spend too recklessly, laugh too little, drive too fast, get too angry, stay up too late, get up too tired, read too little, watch TV too much, and pray too seldom. We have multiplied our possessions, but reduced our values. We talk too much, love too seldom, and hate too often.   We've learned how to make a living, but not a life. We've added years to life not life to years. We've been all the way to the moon and back, but have trouble crossing the street to meet a new neighbor. We conquered outer space but not inner space.   We've done larger things, but not better things. We've cleaned up the air, but polluted the soul. We've conquered the atom, but not our prejudice. We write more, but learn less. We plan more, but accomplish less.   We've learned to rush, but not to wait. We build more computers to hold more information, to produce more copies than ever, but we communicate less and less.   These are the times of fast foods and slow digestion, big men and small character, steep profits and shallow relationships. These are the days of two incomes but more divorce, fancier houses, but broken homes.   These are days of quick trips, disposable diapers, throwaway morality, one night stands, overweight bodies, and pills that do everything from cheer, to quiet, to kill.   It is a time when there is much in the showroom window and nothing in the stockroom. A time when technology can bring this letter to you, and a time when you can choose either to share this insight, or to just hit delete.   Remember; spend some time with your loved ones, because they are not going to be around forever. Remember, say a kind word to someone who looks up to you in awe, because that little person soon will grow up and leave your side.   Remember to give a warm hug to the one next to you because that is the only treasure you can give with your heart and it doesn't cost a cent. Remember, to say, "I love you" to your partner and your loved ones, but most of all mean it. A kiss and an embrace will mend hurt when it comes from deep inside of you. Remember to hold hands and cherish the moment for someday that person will not be there again. Give time to love, give time to speak and give time to share the precious thoughts in your mind.   Happy Holidays!!! Angela M. Lopez

    Attorneys:
     • Angela Lopez

    Practice Areas:
     • Immigration


  • Dec 12, 2014Bill Siegel spoke at Dallas Bar Association North Dallas Clinic

    On December 12, 2014, Bill Siegel spoke at the Dallas Bar Association North Dallas Clinic regarding "An Overview of Bankruptcy - It's a Jungle Out there.

    Attorneys:
     • William Siegel

    Practice Areas:
     • Bankruptcy and Creditors' Rights


  • Nov 3, 2014C&T selected as Best Law Firm for 2015

    Cowles & Thompson has been selected as a Tier 1 Best Law Firm for 2015 in the category of Metropolitan Tier 1 - Dallas - Personal Injury Defense.  The listing appeared in the U.S, News - Best Lawyers "Best Law Firms" magazine edition, published on November 3, 2014. Click here to go to U.S. News - Best Lawyers website.

    Practice Areas:
     • Premises Liability
     • Product Liability
     • Tort and Insurance Litigation
     • Toxic, Mass Tort & Environmental Law


  • Oct 18, 2014C&T Attorneys Assist Unaccompanied Minors with Immigration Court Cases

    On October 18, 2014, attorneys, community advocates, and interpreter volunteers assisted over 15 Central American families seeking asylum in the U.S.  The legal clinic was held at a local Dallas non-profit organization.

    Attorneys:
     • Katrina Moore

    Practice Areas:
     • Immigration

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