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Home | Case Analysis

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Case Analysis

Jul 6, 2017 | By Luff Law Firm | Read Time: 2 minutes | Case Analysis

Luff Law Firm Wins Significant Appellate Victory

The Luff Law Firm is pleased to report it has won a significant victory in the U.S. Court of Appeals for the 11th Circuit. Last week, the 11th Circuit handed down its opinion in Joseph Mink v. Smith & Nephew, Inc. Smith & Nephew recalled their Birmingham Hip Replacement system, a metal-on-metal hip implant, in 2012, but not before they had tricked Joe Mink into...Read More

Feb 21, 2016 | By Luff Law Firm | Read Time: 3 minutes | Case Analysis

Due Process in Probation Revocation Hearings

Texas prosecutors continue to assert that probation revocation proceedings are administrative in nature, and that therefore a defendant facing a probation revocation proceeding has only the rights required by due process. At the outset, it is essential to realize that the Court of Criminal Appeals of Texas explicitly held in Ex Parte Doan that these are not administrative proceedings. 369 S.W.3d 205,...Read More

Jun 25, 2015 | By Luff Law Firm | Read Time: 2 minutes | Case Analysis

Case Analysis: Smith et al. v. Williams – Evidence of Spoliation

The Sixth Appellate District in Texarkana recently issued its opinion in Smith et al. v. Williams, overturning a $4 million verdict in a trucking accident case in part because of the trial judge’s erroneous ruling on spoliation. In doing so, they significantly raised the burden of proof for spoliation. Simply put, spoliation is when a party destroys or withholds evidence....Read More

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