Angel Reyes Blog : Angel Reyes : Texas Litigation Lawyer and Attorney : Dangerous Drugs : Wrongful Death : Business Litigation

Karl Magerheimer owns a family bounce house business for which Texas law requires him to carry $1 million in liability insurance. Of course, kids get hurt by bounce houses that are not properly secured and flip over. So this law is not unreasonable.  Other businesses required to have insurance covering injuries, deaths and property damage include home exterminators, air conditioning repairmen, tow truck drivers and many more.

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Given all the initial press surrounding Boston, MA and West, TX, labor advocates are attempting to put the spotlight on an important issue – workplace safety.  Various groups pushing for safety at the workplace or in factories claim that hazardous conditions are mostly ignored by the media and general public.  However in 2011, workplace accidents killed 4,609 Americans, while only 17 Americans died from terrorist attacks. 

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Bounce houses have been around for a while but are now more popular than ever at children's parties, amusement parks and fairs.  Given their ease of purchase or rental for home use, bounce houses are a great way for kids to get some much-needed exercise and "let off some steam."  Unfortunately, along with their increase in popularity comes a dramatic increase in injuries.

According to a new study in the journal Pediatrics, 30 children a day in the United States alone are taken to emergency rooms for injuries from bounce houses.  These injuries range from minor to broken bones and concussions.  Much like trampolines, most injuries occur from kids falling inside or outside of bounce houses or literal collisions with other children.  The rise of injuries has been astounding – from fewer than 1,000 in 1995 to almost 11,000 in 2010.  Last year alone, there were numerous accidents from bounce houses collapsing or being lifted by high winds.

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Yaz®, Yasmin®, Beyaz®, and Ocella®; may be linked to serious medical conditions, including Pulmonary Embolisms, DVT (Deep Venous Thrombosis), Strokes, Blood Clots, Heart Attacks and more. Watch the video below to learn more.

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So you haven't had an accident in years. That means you're pretty much guaranteed low rates…or so you thought. We all have a certain amount of mistrust for insurance companies. But now they've proven to be super sneaky by using factors that have nothing to do with your driving record to determine your rates – such as education and occupation. In fact, lower income drivers tend to pay very unfair rates, according to a recent article in the New York Times. To combat this ridiculous practice, the Consumer Federation of America is urging commissioners to ensure that insurance premiums are primarily based on factors such as accidents, miles driven and speeding tickets.

The federation uncovered these sneaky practices by obtaining insurance premium quotes from websites of the five major auto insurance companies (State Farm, Allstate, Geico, Progressive and Farmer's). In pricing limited liability coverage in five cities, they included several variables in their research. For example, a 35-year-old woman with a good driving record was given different characteristics such as marital status, education level, occupation, home ownership and gaps in insurance coverage, while having the same driving record in all cases. Oddly the study found that annual premiums were considerably lower if the woman was married, had a college degree, a professional career and no gaps in coverage. In fact, premiums were lowered by at least 68% in four cases. If the woman was single, had a moderate income, only a high school degree, worked in a clerical position and had gaps in coverage, premiums were much higher.

I'm sure you find it as absurd as I do that a person's income, marital status and other non-driving related factors should determine their insurance rates. As these rates are regulated at the state level, commissioners and legislatures are responsible to oversee the insurance companies and decide exactly what factors should be used to determine insurance premiums. We're all required to have auto insurance, but insurance companies are making premiums unaffordable for the middle-class to lower middle-classes. How unfair is that? For more examples and further explanation, see the full article in the New York Times below.

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The following article from the Wall Street Journal cites how hospitals and other caregivers can get away with murder – literally. As the article mentions, "medical mistakes kill enough people each week to fill four jumbo jets."

Sadly, most of the world doesn't notice and the perpetrators aren't telling. See the article in its entirety below.

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Now there's no need to listen to a radio traffic report. New smartphone apps not only tell you if there's a traffic jam ahead, they can predict traffic conditions up to eight hours into the future. Sports schedules can also determine what traffic will be like around stadiums. And the next step? Plotting alternative routes. See the full Wall Street Journal article below.

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 So you think your son or daughter are old enough to drink at 18 since you were. Think again! According to a recent Wall Street Journal article, more and more states are cracking down on hosts who allow underage drinking on their property.

Here are some examples that show how much trouble YOU could be in if you allow underage kids to drink – whether knowingly or not. In Massachusetts, a mother went to jail this past May for allowing teenage drinking at home. In Rhode Island, a former school board member and cheerleading coach is now on trial for permitting her daughter to host a post-homecoming party where teens drank beer. The 18-year-old son of Rhode Island Governor Lincoln Chafee got in trouble for hosting a party he held in May. Eighteen-year-old Caleb Chafee was sentenced to community service after pleading no contest to hosting a drinking party.

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NuvaRing is a hormonal contraceptive ring placed in a woman's vagina to prevent pregnancy. It was first approved by the FDA in October, 2001, but not introduced onto the market until July, 2002. NuvaRing contains estrogen and progesterone.

It releases a dose of hormones into the bloodstream where it is absorbed by the vaginal wall. As a result, NuvaRing causes the uterus lining to be thin and prevent implantation of a fertilized egg, and also thickens cervical mucus which prevents sperm from entering the uterus.
 
Upon introduction, NuvaRing was considered a safer alternative to other forms of birth control. However, it causes some serious side effects which include…

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Times, they have a changed. More than 23 years ago as a 1L at the University of Michigan Law School, most of my classmates and I were readily able to find summer associate positions at BigLaw firms. At that time, BigLaw pretty much consisted of the same firms that make up BigLaw today, albeit with some subsequent mergers and bankruptcies to cull the herd a bit, and of course, 10X as many lawyers at the firms that now make up BigLaw. I was lucky enough to land a summer associate job with Morrison & Foerster, as a 1L. From the sound of it, those days are long gone. But don't despair, with enough grit, legwork, networking, and perseverance, it's still possible to get a summer associate gig, but probably only as a 2L. . .

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BEFORE you apply for Obama's "Deferred Action for Childhood Arrivals" program that would allow you to live and work in the U.S. legally, please think about what many others are – disclosing information that could come back to haunt you, and the potential election of Mitt Romney as President of the United States. Weigh your decision very carefully and ask yourself if it's worth the risk.

According to a recent Wall Street Journal article, the number of applications allowing undocumented immigrants to stay and work legally in the United States has been slowed down due to the uncertainty of our next president and what they must disclose. For the first three weeks that the government began accepting requests for their "Deferred Action for Childhood Arrivals" program on August 15, almost 40,000 people submitted applications.

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No one can deny antibiotics have played a crucial role in recovering from health problems and in many cases, saving lives. However, research shows that some may have serious side effects.

According to a recent New York Times article, a popular class of antibiotics called fluoroquinolones are considered potentially dangerous.  In this class are the brand names Cirpo, Levquin and Avelox. Brand names for this class include Cipro, Levaquin and Avelox. In 2010, Levaquin was the top-selling antibiotic in the United States. However, last year over 2,000 lawsuits were filed due to severe side effects from patients taking it.

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A recent Wall Street Journal article sheds light on the FDA’s speedy approval for even more dangerous drugs. Before I go further, ask yourself this: WHY is the FDA "speeding up approval" for any drug, given all the dangerous and even deadly side effects of so many in the past?
 
The drugs in question are used for stroke prevention, cancer and multiple sclerosis. It's nice of the FDA to be so concerned, but what about health risks? Two drug safety experts say these drugs were definitely not properly analyzed for safety.
 
The Journal of the American Medical Association just published an article about how safety is compromised with the FDA’s rabid attempts to push drugs onto the market. Examples include an MS drug that causes heart problems and other side effects, as well as a coagulant linked to bleeding. According to Dr. Curt D. Furberg, "These examples raise the question of whether it was good policy to approve three innovative new drugs with significant safety questions unanswered."

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WASHINGTON — The Food and Drug Administration is warning consumers not to use Reumofan dietary supplements, after receiving reports of bleeding, stroke and death among people taking the pills.

Reumofan Plus and Reumofan Plus Premium are marketed as natural remedies for arthritis and muscle pain, but the FDA says the products actually contain several prescription drugs. A chemical analysis by the agency found that Reumofan Plus contains three drugs, including the muscle relaxant methocarbomal and the anti-inflammatory drug dexamethasone. These drugs can interact with other medications, causing life-threatening side effects in some patients.

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The Dallas Morning News

The Greater Dallas Hispanic Chamber of Commerce is one of those great legacy organizations known more for its pioneering history than for modern-day accomplishments. When it marks its diamond jubilee in just three years, its iconic status will be burnished even more.

Unfortunately, the status as the region’s longest-reigning Latino business group is not enough to guarantee success. Even defenders of the chamber acknowledge privately that the business group has at times strayed from its mission and not done nearly enough to retain and boost its membership. The proliferation of other Hispanic chambers is often, and accurately, cited as evidence of dysfunction.

When David L. Gonzales abruptly resigned last week as chief executive, questions about the chamber’s current and future stability were inevitable. Gonzales, who had impressive credentials, was hired after a tumultuous and lengthy national search that included a very public split within the chamber’s board.

Gonzales and the board’s chairman, Angel L. Reyes III, did their best to allay any concerns over the sudden departure, which occurred less than a year after the chief executive was named with great fanfare. The strategy was to declare mission accomplished, a very hard sell given the shockingly short tenure. Not surprisingly, the many detractors of the chamber were quick to offer theories on what may have gone wrong and why.

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Dallas Business Journal by Matt Joyce, Staff Writer

The president and chief executive officer of the Greater Dallas Hispanic Chamber of Commerce has resigned after about 10 months on the job.

David Gonzales left the chamber last week to move back into private consulting, said Angel Reyes, chairman of the chamber board.

“We’re going to have to find a new person, but we wish him well, we’re excited for him,” Reyes said.

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Aug 27, 2011 - 4:12 - 
N.J. city pays students to fight truancy by giving students $100 to go to class!

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The rapture didn't occur on May 21, as Harold Camping predicted. Do his followers have grounds for suit? Click here for the debate.

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A woman plays a slot machine with a co-worker's money, hits the jackpot. Does he have a right to the money? Does she? Watch here.

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Lawyers have forever said that public service is as important as their "hourly" service.  Recently, some students at Harvard and Stanford have put the "idea" to the test.

Am Law 100 is again finding itself adrift in the hiring pool.  So...big firms like Latham & Watkins offered top prospects, folks from top 10 law schools with top grades, up to a year off!  That is so long as they defer starting as "real" associates for up to a year.  Now what in the world would make a super achiever do such a thing?  It turns out - public service! 

No kidding, the nation’s best and brightest (at least as they relate to law school admittees) are not just trying out public service jobs, some of them are keeping them!  Listen, when 36 of the 180 Stanford law students indicate a commitment to public service, we owe a large standing applause to each of them! 

You see, I told you all lawyers aren't bad.  Especially the young ones!

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Today marked another day of consumer techno-hype with the release of Apple’s highly-anticipated iPhone 4. The buzz on blogs around the world quickly turned from craze to critique though as real-world use proved the device wasn’t quite ready for prime time.

Much improved camera – check. High resolution screen – check. Sleek design – check. Ability to consistently maintain a strong signal – well, Mr. Jobs will have to get back to you on that. Turns out the uber-phone encounters reception problems when held in certain positions.

The question that immediately comes to my mind though is:  If bloggers found this flaw on day one of use, did Apple know (of course) and why did they release what seems like a majorly defective product?

Time will soon tell.  For now, read this article for a little more insight.

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The flagship effort by the Obama administration to help people stay in their homes is not working.  Studies note that more than a third of the folks who enrolled in the program have dropped out.  Recently, 150,000 borrowers threw in the towel and left the program.  That number is on top of the almost 300,000 borrowers who left the program in 2009.  Most analysts believe the majority of people who applied for a mortgage modification will eventually end up in foreclosure.  The reasons for this are manifold.  Suffice to say that most borrowers who sought a mortgage modification were struggling with more than just mortgage debt.  Many of those borrowers were facing mountains of other debt such as credit card and auto loans.  Expect another wave of foreclosures as borrowers fall out of the mortgage modification program.  The only silver lining is that once the people who truly can’t afford their homes go through the foreclosure process, home prices might stabilize and the economy may indeed turn around. 

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The U.S. Consumer Product Safety Commission (CSPC) just launched its national campaign to get people to think about pool safety. Check out the website at www.poolsafely.gov. With summer coming on strong, the USPC is out to educate the public about child drownings and other serious injuries that occur in and around pools and spas. It turns out that hundreds of kids under age five drown every year in pool tragedies. Hundreds more are injured in near-drowning accidents. Perhaps a parent’s best bet is to teach their kids how to swim at a very young age. Pediatricians are now suggesting that parents teach kids even under four years old how to swim. As summer approaches, it behooves everyone to pay attention to pool and spa safety tips.
 
Click CONTINUE READING below to read the CSPC release and study highlights.

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News out of Port Fourchon remains abysmal.  Life on an oil rig has always been tough and dangerous. 35,000 people work on Gulf of Mexico oil rigs, and every day those men and women are asked to perform dangerous work that keeps them away from their families for weeks at a time.

Last week's tragedy was one of the worst oil-rig disasters in decades. This tragedy again shines a spotlight on safety at Swiss-based Transocean's Deepwater facility operating under contract by British Petroleum.  BP's safety record is abominable.  The U.S. Minerals Management Service continues to investigate last week's explosion which left 11 people missing and presumed dead. 

Click "CONTINUE READING" below for the full AP Story.

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For some, it comes easy to boast one’s own accomplishments. For others, it’s difficult to even accept a compliment. For me, a fact’s a fact. And the fact is, I am the 2009 Winner of the Greater Dallas Hispanic Chamber of Commerce Quality & Excellence Entrepreneur Pacesetter Award. Hey, if you can’t take pride in what you do, who will? I’ve worked hard to get where I am. I’m no better than anyone else. I’m simply passionate about what I do, and life holds a world of interests for me. I’m proud to be an American, I’m proud to be Hispanic, and I’m proud to accept this award from the Greater Dallas Chamber of Commerce, a fantastic organization that does a lot of good for a lot of people.

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Miami lawyer Stephen Zack is now president-elect of the American Bar Association.  He'll serve in this capacity for one year, and become official president in August 2010.  Zack holds the honor of being the first Hispanic American to be elected to this prestigious position, and I congratulate Mr. Zack on this distinction. Please take a moment to read through a recent interview with Stephen:

ABA President Elect Stephen Zack
Tuesday, October 13, 2009 at 03:30PM
justiciaparatodos.squarespace.com

Miami lawyer Stephen N. Zack, a partner in the national law firm Boies, Schiller & Flexner, was elected as president-elect of the American Bar Association - the first Hispanic American to achieve that distinction. Zack will serve one year as president-elect before taking office as president in August 2010 at the ABA's Annual Meeting in San Francisco.

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Recently I wrote an article for Texas Lawyer, which published on September 28, entitled "Starting a Firm? Pick a Practice and Find Your Niche". I hope that it will be helpful to all young firms just starting out. A PDF of the article is available by clicking here.

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By now, everyone knows David Letterman, the gap-toothed sage of late night TV, had sex with a bunch of his underlings. Surprised? Don't be, Hollywood is full of sycophants who use the casting couch to get "somewhere".

Is Letterman's job in jeopardy - hardly - he's a ratings machine in a world where ratings are falling faster than ever. Was he a cad? Does it matter? Allegedly, during all his dalliances, he wasn't married and no one has suggested that he coerced any of the women he had sex with.

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In yesterday's New York Times, Cathleen Calbert urged women to "Forget the men. Pick a guy."

Guys are often in between things like jobs and houses, which means they’re more likely to stay up with you all night, drinking wine and playing gin rummy. They’ll rub your belly. They’ll lick chocolate off it. They’ll like your cute little dog. A guy is never going to shoot Old Yeller in the woods.

Men like innocuous dress shirts or pastel polos with colors as nauseating as chewable Tums. Do men want to be guys? I don’t think men know guys exist, at least not as a permanent condition. They assume guys are boys who haven’t manned up yet.

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Twenty-five years ago, the citizens of Dallas were presented with an audacious public spending plan. Bear in mind, that Dallas isn’t Los Angeles or Boston. Dallas is deeply conservative and absolutely anti-tax. The audacious spending plan was the creation of one of Texas’s largest public agencies, the Dallas Area Rapid Transit Agency (“DART”). Full disclosure, I sit on the Board of Directors of the agency. Anyway, somehow, even in the North Texas anti-tax world, the citizens voted to tax themselves, through a one penny sales tax increase, to build out a transit system that would rival any system in the world. Twenty-five years later, DART has been recognized several times as the best transit system in America.

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By Luis Bartolomei
 
I’m proud to announce that my partner, Angel Reyes, was voted by his peers through the Texas Monthly magazine survey as one of the “Super Lawyers” in the State of Texas for 2009. Angel was recognized for business litigation. The selection process for this honor is extensive. Peer nominations, evaluations and third party research measure each candidate on 12 indicators of peer recognition and personal achievement. Three basic steps are involved: creation of the candidate pool, evaluation of candidates by the research department and peer evaluation by practice area. The goal for the Super Lawyers list is to provide a credible, complete and diverse list of outstanding attorneys which consumers may use when searching for legal counsel.
 
Only 5% of all attorneys in the State of Texas are chosen for this tremendous honor. For more information on what qualifies an attorney to be considered a Super Lawyer, click here.

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Nearly 2 years ago, I wrote about the cost of law school and whether or not it mattered whether you went to a highly ranked law school when it came time to landing a job. That was before the world turned upside down and the U.S. skidded into an ongoing 2 year recession. In a recent New York Times article, author Gerry Shih goes me one better.

Shih notes that now even top law school grads face dimming prospects at landing the big law firm career. Why should it matter? If you go to a top 10 law school, certain things are expected. It is expected that the world’s largest law firms will come a courtin’ and it is expected that you will receive a job making high six figures and that will soothe any anxiety you face when looking at the staggering debt you took out to get that top 10 law school degree.

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In an ever present development, I bring you new news of the double death of Jasmine Fiore and Ryan Jenkins. LA County sheriffs noted a Mercedes that matched the description of Fiore's vehicle. Fiore's vehicle was a white 2007 Mercedes CL 500 worth mid thirties... Anyway, while Fiore was missing, LA County authorities found her vehicle unattended in Buena Park.

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The reality TV contestant, Ryan Jenkins, accused of cutting the fingers off and pulling the teeth out of his wife/victim, Jasmine Fiore, was found hanged in an apparent suicide near Vancouver, Canada.

That probably closes our story about how Ms. Fiore was identified through the serial numbers on her breast implants. I wonder if this reality TV stuff is ever going to end?

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‬‪Ryan Alexander Jenkins seemed to live a charmed life. He was a wealthy reality show contestant who appeared in Megan Wants a Millionaire. He has a dark and handsome look and Canadian citizenship - you can never underestimate the value of a second passport.‬‪ ‬‪

Somehow our star got star crossed and in a quickie Las Vegas wedding last year married ex-model, Jasmine Fiore. Ms. Fiore and Mr. Jenkins checked into a hotel room in San Diego on August 13th. The next morning Jenkins checked out and Fiore was later found in a bloodstained suitcase without fingers or teeth. 

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“I bought a bourgeois house in the Hollywood hills
With a truckload of hundred thousand dollar bills.
Man came by to hook up my cable TV.
We settled in for the night my baby and me.
We switched 'round and 'round 'til half-past dawn.
There was fifty-seven channels and nothin' on.”
- 57 Channels ~ Bruce Springsteen, 1992
 
Although released back in the day, “57 Channels” is now apparently the theme song for many American households that are switching from cable to broadcast-only television.  According to the Pew Center Internet and American Life Project, people are canceling their cable subscriptions in favor of traditional broadcast television.  In fact, there has been a 22% rise in broadcast-only homes from November 2007 to November 2008.
 
But wait, there’s more!

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Yesterday's NYTimes article, title above, brings to mind a myriad of thoughts. At first blush, it seems that Sotomayor was helping people on the side of her regular gig at the Manhattan DA's office and then at Pavia & Harcourt. In order to fully understand Sotomayor's position, it is necessary to parse her words carefully. Sotomayor claims that she helped "family and friends in their real estate planning decisions." According to Sotomayor, if the clients needed more substantial legal representation, they were referred to Pavia & Harcourt.
 
That brings up issues of fiduciary duty. What exactly was Sotomayor doing for clients while employed at the Manhattan DA's office and Pavia & Harcourt, and was Sotomayor's desire to help those who couldn't get help anywhere else reason enough to step outside those fiduciary boundaries?
 
So, what did Sonia Sotomayor do? A divorce, a contract review, set up a dry cleaning business? Whoa, if her "partners" weren't aware of the work, she must be guilty of a breach of fiduciary duty, right? Hardly; even the Manhattan DA's office is confused and Pavia & Harcourt was oblivious. At the time, they both had liberal policies regarding outside work.

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Here is a recent Dallas Morning News article about my new firm, Reyes Bartolomei Browne. Please read below:

Dallas law firms traveling a softer road than many national offices
09:34 AM CDT on Monday, July 6, 2009
By ERIC TORBENSON / The Dallas Morning News

While a painful recession has forced many big law firms nationwide to downsize, Dallas' law practices have dodged most of the bullets and are changing their tactics to fire back when the economy rebounds.

Angel Reyes and partners Luis Bartolomei, Spencer Browne and Ryan Browne, and associate Nick Farris created the Reyes Bartolomei Browne law firm to focus on local cases in Dallas and Tarrant counties. The region's firms have held up better because of North Texas' relative economic strength and because the kind of law specialties that dominate here, such as energy and intellectual property, are somewhat recession-proof.

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Announcing the formation of Reyes Bartolomei Browne, effective June 15, 2009. Angel Reyes, Luis Bartolomei, Ryan Browne and Spencer Browne bring an impressive history of success and experience to the firm.

At Reyes Bartolomei Browne, practice areas will include all manner of life-altering personal injury cases and business litigation. The firm will also continue to exceed all expectations in terms of participating in joint ventures with other prominent law firms, acting as case acquisition specialists, and creating highly effective marketing campaigns.

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Below is the June 4, 2009 article I wrote for the Orlando Sentinel in its “Hispanosphere” section on the growing Hispanic population and the plight of Hispanic workers in this country.

Attorney: Why are Hispanics 'last in, first out' of jobs?
Guest Writer: Angel Reyes
Orlando Sentinel
June 4, 2009

Angel Reyes is an attorney, Hispanic immigration expert and author of Hispanic Heresy: What is the Impact of America’s Largest Group of Immigrants? (Mead Publishing, January 2009) He is the founder and managing partner of Heygood, Orr, Reyes, Pearson & Bartolomei law firm in Dallas, Texas. He also blogs at angelreyesblog.com.
 
The Hispanic population in the United States has been growing substantially in recent years, providing businesses with burgeoning workforces. The Census Bureau expects that by 2015, 17% of the American population will be of Hispanic origin. Demographically, no group of Americans is growing faster than Hispanics. Hispanics are now 8% of the workforce and by 2050, that number is expected to reach 25% of the workforce.

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This historic moment in American jurisprudence is long overdue. In nominating a female Hispanic to the nation’s highest Court, President Barack Obama made a smart move on all counts. Sonia Sotomayor has exceptional credentials and vast experience as a prosecutor, corporate attorney and judge on the federal trial and appellate courts.

More importantly, she understands how the legal system impacts regular people. Sotomayor wasn’t born with a “silver spoon.” Quite the contrary. She was raised in a working-class family in New York City. Overcoming all obstacles, she received a scholarship to Princeton University and graduated with the highest honors. She then earned her law degree from Yale Law School, where she was editor of the law review. What really sets Judge Sotomayor apart is that throughout her professional career, she passed up making big bucks in the private sector in order to serve the American public as a prosecutor and subsequently, a federal judge. She is a true role model for the Hispanic community.

Obama knows that Hispanics played a crucial role in his election. He’s fully aware that by deftly nominating an extremely qualified jurist to the Supreme Court, he is forging even stronger ties to the nation’s burgeoning Hispanic population. This nomination is a political and judicial masterpiece.

©2009 Angel Reyes
www.ReyesLaw.com

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The following is my blog post to the Houston Chronicle published in its featured “Immigration Chronicles.”

Flu, border violence may poison immigration debate
May 13, 2009
Houston Chronicle

Because of the swine flu scare, an airline passenger is checked by a doctor after arriving in Mexico City recently.

(Today we are posting a guest blog post from Angel Reyes, an attorney, Hispanic immigration expert and author of Hispanic Heresy: What is the Impact of America's Largest Group of Immigrants? (Mead Publishing, January 2009)

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The Mexican government began shutting down schools-not just in Mexico City, but in places like Cancun and Puerto Vallarta too; and then bars, clubs and restaurants followed. I am beyond baffled when airlines from Canada cancelled all incoming flights and all cruise lines were diverted from Mexico. Do the people who made those decisions own a map? Or, is this just another example of the effects of hysterical, uninformed media coverage and hyperbolic statements from US government officials?

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Please read the following article about my new book, Hispanic Heresy, posted in the Lubbock Avalanche Journal, and in HispanicBusiness.com:

Tech authors see Hispanic boom as plus
By Marlena Hartz
AVALANCHE-JOURNAL
Sunday, March 15, 2009

Those who cast the nation's projected Hispanic population boom as a roadblock should take a closer look, according to three Texas Tech scholars. It's actually an economic boon, they say.

"In spite of the vitriol that you hear on cable news and talk radio, we came to the conclusion that Hispanic immigration is actually a very positive thing as it affects the American economy and the United States in general," said one of the scholars, Dallas-area attorney and lecturer Angel Reyes III.

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Well, wouldn't you know it. Another bought and paid for "scientist" has been outed for producing fabricated studies related to several of the bad drugs the FDA, under the Bush administration, approved.  Let's see, Dr. Scott Reuben retracted 21 studies in which he lied about the efficacy of the drugs he was supposed to be evaluating.  Those drugs involved some of the drugmakers who have paid massive settlements to victims of their drugs: Pfizer's Bextra, Merck's Vioxx, Wyeth's Effexor.  Jeez, the drug companies ought to feel super glad they managed global settlements before this story broke. 
 
I'm sure "Dr. Feelgood"  has his reasons for fabricating 21 studies, but the American people deserve more from the drug manufacturers, drug regulators, and the scientists  upon whom we rely to keep us safe.  Read the full article below.

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There is another star under the Dallas sky, and it is not the one on the State flag. The star is young Latino Attorney Angel Reyes, III, who as the Managing Partner of Heygood, Orr, Reyes, Pearson and Bartolomei, has managed to make his firm one of Dallas’ most prominent and foremost litigation and personal injury practices in the region.

Not content with his remarkable achievements as a powerful attorney, however, Angel Reyes has delved into literature and recently co-authored a book about immigration in America titled: Hispanic Heresy: What is the Impact of America’s Largest Population of Immigrants?, written in collaboration with Bradley T. Ewing, Ph.D. and James C. Wetherbe, Ph.D. The book strongly and compellingly details the struggles of immigrants to the United States from the first intrepid travelers to reach U.S. soil in the 1700’s to the mass exodus from many countries after the turn of the century, up until the present.

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A few years ago I wrote about the "Death Tax" and how the Republican party framed the issue so adroitly.  Think about it, who wants to pay "death taxes?"  Oddly enough, many Americans, with hardly any net worth at all to worry about, were in favor of repealing the death tax.  Now that's what I call framing an issue when you really want to pull the wool over certain people's eyes.

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My co-authors of the book, Hispanic Heresy, and I are quoted in the following article, which reveals how Hispanic homeowners have been greatly affected by our current mortgage crisis.  The article also references the devastating impact to Hispanics during an economic downturn. Please read the article in its entirety below:

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Lewis Beale of Miller-McCune Magazine recently interviewed me along with my co-author, Dr. Bradley Ewing about a recent paper we wrote which was published in the in the Journal of Business Valuation and Economic Loss Analysis.  Our research found that Latino unemployment is 2/3 higher than that of whites and if the current economic downswing continues, so will this staggering trend.  Please read the article below - click on “Examination and Comparison of Hispanic and White Unemployment Rates” to download a PDF of the original paper.

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Big Pharma’s dirty pool tactics don’t just extend to prescription drugs.  Bayer has some nerve in marketing two over-the-counter products without the FDA’s approval. Of course, in countless cases that approval means absolutely nothing, given the plethora of drugs that have been recalled years after the FDA’s blessings. 

The FDA has warned Bayer numerous times about its marketing efforts and claims for these products.  Because the FDA does not scrutinize supplements, Bayer pulled a fast one by combining aspirin with supplements and promoting health benefits through television and other advertising venues.  The two products are “Bayer Aspirin With Heart Advantage” which is marketed to help treat heart disease, and “Bayer Women’s Low Dose Aspiring + Calcium,” marketed to treat osteoporosis. A spokesperson for the FDA says that misuse or overuse of aspirin products can result in internal bleeding or other side effects.

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A study I co-authored was recently published by Texas Tech researchers finds that Hispanic workers are at higher risk during economic downturms, suffer negative effects sooner and more severely, and for longer duration than their white counterparts.

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I recently co-authored a study of courtroom bias against non-English speakers.  You can download a PDF copy of the study, entitled "Examination and Comparison of Hispanic and White Unemployment Rates" by clicking here. Please read the National Law Journal's article about the study below:

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I recently had the privilege of being interviewed for an article in the 2008
issue of the Law Quadrangle Notes published by my alma mater, the University
of Michigan Law School. The article is below:
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Angel Reyes has been recognized as an emerging Hispanic leader in Dallas.  The article below is from the Spanish language version of the Dallas Morning News, Al Dia. Continue Reading...

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Regulators should turn their attention to preventing casualties, not more after-the-disaster analysis.  Think about it, not since 1971 have crane regulations been updated.  Unfortunately, over 80 people a year since then have died in construction site crane accidents.  Presumably, many of those tragedies could have been avoided if someone at OSHA cared. Continue Reading...

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On July 30, 2008, while an old bridge was being torn down over the Colorado River in Smithville, Texas (near Austin) a construction crane became overloaded with steel beams and toppled over.  The crane then smashed into a manlift basket holding two workers.  It killed 47-year-old James Michael Miles of North Richland Hills, Texas, and injured the other worker.  Mr. Miles fell approximately 60 feet from the top of the bridge, landed on construction equipment and died. Continue Reading...

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Following the December 12, 2007 raid on the Swift & Company meatpacking plant, my firm, Heygood, Orr, Reyes, Pearson & Bartolomei, filed a class action lawsuit against Swift for its pattern of practice of replacing legal US Citizens and legal resident aliens with undocumented immigrant workers.   Now, yet another big company makes the news.  In May, 2008 in Postville, Iowa, federal immigration agents raided Agriprocessors Inc., the nation's largest kosher meatpacking plant, rounding up 389 illegal immigrants for deportation. Continue Reading...

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According to a CNN.com article dated Monday, July 28, 2008, home deaths from medication errors have risen dramatically over the last 20 years.  Twenty-five years ago, prescription painkillers and other potent drugs were only used in hospitals.  Now medical providers give them out like candy.  Got a migraine?  Here’s a script for Vicodin!  Feeling a little stressed?  Xanax ought to do the trick!  Apparently, we’re not supposed to feel pain or negative emotions anymore.  We’re supposed to be happy and what makes us happy in the 21st century good old US of A?  Drugs, of course. But alas, medical providers aren’t considering one big factor when doling out these dangerous meds – the human factor. Continue Reading...

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After eight long years in the wilderness, the U.S. is finally paying attention to product safety.  Congress is poised to implement the biggest overhaul to U.S. product safety rules in a generation.  Since 2000, the U.S. has seen dangerous products imported from China, India, and other foreign countries that while certainly cheaper than similar products made to stricter standards, caused untold suffering to the people who were injured by these products.  Let's see, in the past few years we've seen recalls of Chinese food products, poisonous toothpaste, children's pajamas, cheap all terrain vehicles, fax machines that catch fire, children's dolls painted with lead contaminated paint, etc. Continue Reading...

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A new study by the Federal Government showed that tractor-trailer and bus drivers in the U.S. suffered seizures, heart attacks or unconscious spells while driving.  These health issues caused hundreds of deadly crashes on our highways.  Many tractor-trailer rigs weigh 40 tons or more.  Imagine a 40 ton beast barreling down on you while you're driving on the highway.  That's what many of our clients have faced over the years.  Unfortunately, we've represented hundreds of families who've lost loved ones due to 18-wheeler accidents such as this one. Continue Reading...

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In spite of the fact that the stop-smoking drug Chantix has been linked to suicides, seizures, violent episodes, traffic accidents, nightmares and more – and was EVEN banned by the FAA for pilots and air traffic controllers -  its manufacturer, Pfizer, plans to shove these shocking facts under the carpet through newspaper ads and letters to doctors.  That’s all we need – more lies about better living through chemistry.  Due to Chantix’ profitability prior to being exposed as the dangerous drug it is, this comes as no surprise.  But if you’re a smoker who wants to quit, don’t buy into their bull.  Do your research, and you won’t just throw it away; you’ll burn it and watch it go up in smoke.  See the latest article that came out recently in the advertising industry’s leading publication, Ad Age, about this new media blitz below: Continue Reading...

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And yet here comes another drug with way too many bugs.  Granted, smoking is bad news and I’m all for quitting at most costs, but not all. If my choices are hacking, smoker’s cough and future lung cancer vs. current depression, thoughts of suicide, violent behavior, horrible nightmares and loss of motor control skills that could lead to serious or even fatal injury, I think I’d rather smoke like a chimney and hope for the best.  The results of studies conducted on Chantix have even caused the FAA (Federal Aviation Administration) to ban pilots and air traffic controllers from using this dangerous drug.  Continue Reading...

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For a couple of years now I've been blogging about problems.  Subprime meltdown, dangerous drugs, defective products, toothless FDA, toothless FTC, wrongheaded immigration policies, etc.  Fortunately, at times, I am able to write about solutions.  Recently I joined the Board of the United Way of Metropolitan Greater Dallas.  That group offers solutions to the ever-increasing number of Americans, and for that matter non-Americans, who find themselves in need.  Whether you are a Republican or a Democrat, you can appreciate that our government hasn't offered us many solutions since 2000 to our growing problems with public education, help for the financially distressed, and help for the nearly 30 million Americans who find themselves without health insurance.  In an ambitious effort to improve the education, income, and health of the people it serves, the United Way has just announced an ambitious 10 year plan.  It sets three bold goals for where the nation should be by 2018:
 
--  Cut by half the number of young people who drop out of high school.

--  Cut by half the number of working families that lack financial stability.

--  Increase by one-third the percentage of healthy young people and adults.

 
I'm proud to be affiliated with the United Way.  See the full article below. Continue Reading...

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As a follow-up to my original article on Kansas City, Kansas, aka “The Dot,” below is another great article by Kevin Helliker from the Wall Street Journal.  It’s a fascinating tale of Toby Phalen Young, one of the Dot’s most high profile, non-profit citizens.  In animal circles, she was known as a “savior.”  How could someone who seemingly had everything do something so stupid?  You got me.  All I can say is that her actions embody the old cliché, “I’m crazy in love with you.”  The emphasis here is on the word crazy. Continue Reading...

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In a crushing blow to consumers, on Thursday, February 21st, the United States Supreme Court again sided with big pharmaceutical medical device makers.  The decision in Reidel v. Medtronic shields medical devices from lawsuits so long as the FDA approved the device.  Consumer safety, as most people know, has not been the FDA’s forte the past decade.  The entire article is below.
 
Interestingly, just the day before that article was released, the Wall Street Journal wrote extensively about U.S. Congressman Bart Stupak who has argued for years that the FDA wasn’t doing a good job protecting Americans from unsafe drugs.  The entire article is also below.
 
For my money, the FDA has done a terrible job protecting American consumers for the past decade.  The list of bad drugs that were approved and then subsequently shown to be dangerous is a mile long.
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In several of my articles, I’ve talked about the dangers of the Duragesic Pain Patch containing the prescription painkiller, fentanyl. The Duragesic Patch, which is approximately 80 times more powerful than morphine, certainly does kill pain, but unfortunately, it also kills people.  In my last article I asked, “With all the severe side effects, and even deaths caused by this patch, what is it going to take before the manufacturer finally recalls this dangerous drug from the market?”  It seems they finally got a clue. A recall was issued on Tuesday, February 12 for all 25-microgram-per-hour Duragesic and Sandoz fentanyl pain patches with expiration dates on or before December 2009.  Read the AP article in its entirety below: Continue Reading...

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I'm proud to announce my election to the Board of Directors of the Greater Dallas Hispanic Chamber of Commerce.  The mission statement of the GDHCC is as follows:  "To develop, promote and protect Hispanic businesses in the greater Dallas area and to support the advancement, education and economic growth of the Hispanic business community. The Chamber shall serve as a business resource, a forum and advocate for Hispanic business issues and a united voice for the Hispanic business community."  As a newly elected member to the Board of Directors, I am fully committed to serving this fine organization to the best of my abilities, and I will do everything within my power to see that its mission is realized on behalf of the greater DallasHispanic community.

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Dallas Attorney Eric Pearson Now a Name Partner in Heygood, Orr, Reyes, Pearson & Bartolomei

DALLAS - The Dallas law firm of Heygood, Orr, Reyes & Bartolomei is pleased to announce the addition of accomplished Dallas trial lawyer Eric D. Pearson as a name partner in the newly renamed Heygood, Orr, Reyes, Pearson & Bartolomei.

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The FDA has now issued its second safety warning regarding the Fentanyl Skin Patch, a patch that delivers pain medication through the skin that is at least 80 times more potent than morphine.  With all the severe side effects, and even deaths caused by this patch, what is it going to take before the manufacturer finally recalls this dangerous drug from the market? Continue Reading...

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The latest breaking news in the hedge fund world is the salacious story of Seth Tobias' death. Seth ran a $300 million hedge fund from New York and Palm Beach. The fund was called Circle T. Just a few years ago, Seth started his hedge fund with a modest $4 million in capital. In just those few short years, he funded up quickly and got all caught up in the trappings that all "self-made" young millionaires do.  First he got the big pad in New York and then the palatial mansion in Palm Beach.  Along the way he married Filemona and developed a fondness for cocaine-fueled binges, extended absences from his office, a private jet, sex parties, and a boy toy male go-go dancer named "Tiger."

Now there's a guy I want in control of my money.  Anyway, our hero was found dead in his Palm Beach swimming pool just the other day.  Allegedly, he hadn't used this pool in years.  Blow was found in his system. What a shocker.  Allegedly, Mrs. Tobias drugged her husband and lured him into the water by promising sex with Tiger, her husband's boy toy. Continue Reading...

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Last year, defibrillator manufacturer Medtronic, Inc. issued a press release warning physicians of a potential battery shorting mechanism that may occur in some of its models. Now, Medtronic is recalling its Sprint Fidelis cardiac leads. These are thin wires that connect devices known as ICDs (implantable cardioverter defibrillators) or CRT-Ds (cardiac resynchronization therapy defibrillators) which are intended to sense irregular heart rhythms and to send an electrical pulse to the heart to shock it into beating properly. The defect with these medical devices causes them to short circuit and thus, malfunction. Continue Reading...

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Big news hit this morning as VIOXX manufacturer, Merck agreed to resolve 95% of the outstanding VIOXX claims with a $4.85 BILLION settlement fund.  The fund will be established and victims will be evaluated on a case-by-case basis, with varying amounts being paid from the fund.  This is one of the
largest "resolutions" of its kind ever and clearly indicates Merck's acceptance of responsibility for the dangers this drug posed and the thousands of people that suffered.  Below is Merck's official press release: Continue Reading...

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In a very significant announcement today, Merck has released that it will agree to pay about $4.85 billion to settle a significant portion of the 27,000 cases against it's painkiller Vioxx. A Wallstreet Journal article is below. Not everyone is eligible and we are working on analyzing the proposal and how it applies. To find out if you are eligible for consideration, email me directly at angel@reyeslaw.com, and we will help determine your eligibility. Continue Reading...

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For almost two years, Trasylol, a drug used to prevent blood loss during surgery was under scrutiny by the FDA.  In fact, on February, 2006, the FDA issued a Public Health Advisory warning doctors who perform heart bypass surgery and their patients that Trasylol (generic name aprotinin) was linked in two scientific studies to severe side effects, including kidney problems, heart attacks and strokes in patients undergoing artery bypass graft surgery. Continue Reading...

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One of my previous blog articles reported on the safety hazards of toys manufactured in China.  Now, Congress is finally perking up its ears and evaluating the inefficacy and inefficiency of the Consumer Product Safety Commission in regard to the safety of imported goods.  This virtually powerless, miniscule federal agency regulates over 15,000 types of consumer products. Continue Reading...

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In its October 30th, ’07 issue, the Wall Street Journal reported that the Sprint Fidelis 6949 defibrillator, manufactured by Medtronic, Inc. has been recalled.  Defibrillators are implanted devices that treat cardiac arrest and restore normal heart rhythm.  They rely on leads, the wires that connect the defibrillator to the heart muscle.  These wires sense erratic heart rhythms and deliver jolts of electricity to revive dying patients.

When theses wires become fractured, they can dispatch multiple and/or severe shocks, and even cause fatalities.  Leads with a thick diameter were known to be the culprits, partly due to blood clots that can form around these leads.  So in 2004, Medtronic introduced the Sprint Fidelis which only has a diameter of 2.2 millimeters – one of the thinnest available.  In 2004, this device was quickly approved by the FDA and became the most popular lead on the market.  However, after numerous accounts of multiple shocks and five deaths, Medtronic, Inc., suspended sales of all Sprint Fidelis models. Continue Reading...

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On Thursday, October 25th, the Food and Drug Administration (FDA) stated that Trasylol, a drug used during heart bypass surgery to prevent severe bleeding, increases the risk of death as compared to other drugs. Continue Reading...

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U.S. Food and Drug Administration officials are strongly advising GlaxoSmithKline, to add "black box warning" to its diabetes drug Avandia, according to a recent Wall Street Journal ad.  This warning is the strongest given by the FDA.  Once a top-selling drug, Avandia's sales have plummeted since it was linked to a 43 percent higher risk of heart attack, according to a May, 2006 study. Continue Reading...

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Steve Blow nailed a couple of reasons people appeal traffic tickets.

Another important reason people take the time and trouble, and, as a consequence, consume public resources in the form of police officer time spent hanging around the municipal courts, is the insurance industry. Continue Reading...

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Airbag failures during car wrecks kill 1,400 Americans every year, according to a new study conducted by the Kansas City Star newspaper.  The paper analyzed the National Highway Traffic Safety Administration database of all traffic fatalities involving car wrecks for the past six-year period and found that far more people died in car wrecks where airbags failed to deploy than all of those who died from injuries caused by airbags that inflated after minor impact car wrecks, or when hit with too much force.  Joan Claybrook, former head of the NHTSA and now with Public Citizen says he's "shocked." Continue Reading...

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We've all heard about the recent problems Mattel suffered from product recalls of their toys manufactured in China.  The tip of the iceberg has been revealed, but there is more trouble under the water than people think.  Recently my friend Ed Sim, partner at Hunton & Williams, mentioned that there would be many more product recalls where the products were manufactured in China.  It appears he is on to something.  Below are some more consumer reports related mainly to Chinese manufactured product recalls. Continue Reading...

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Once again, our less than vaunted FDA is facing heat for its handling of safety concerns related to Medtronic defibrillators. Continue Reading...

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In an article that will surely bum out the majority of law school students, the Wall Street Journal reports that it isn’t easy to make money just because you have a law degree and pass a state bar exam.  No siree, the Journal reports that students matriculating from “second-tier” schools are complaining bitterly that they are not in the running for headline grabbing jobs starting at $160,000 a year. Continue Reading...

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My law firm partners and I are convinced that you just can't safely deliver fentanyl transdermally. On the heels of our $5.5 million dollar verdict in the Adam Hendelson case, this article appeared in the LA Times (below). Duragesic needs to be taken off the market before it kills one more person. Continue Reading...

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Today's Wall Street Journal delivered more bad news for Merck related to its bad drug Vioxx.  A new study, dubbed Victor, was accepted for publication by the New England Journal of Medicine. Continue Reading...

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Hot off the press, an analysis by Steven Nissen of the Cleveland Clinic, who helped bring out safety concerns about Vioxx, suggests that the diabetes drug users of Avandia manufactured by GlaxoSmithKline have a 43% higher risk of heart attacks. So, what is Avandia?  Avandia is a drug used to treat Type 2 diabetes. The drug is meant to help patients lower blood sugar levels. Glaxo rang up $3.1 billion in sales of Avandia last year. So of course, Glaxo takes issue with the study's findings, in spite of the fact that it was published in one of the world's top medical journals. Continue Reading...

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Life settlements, for seniors with life insurance, are a terrific way for seniors, who no longer need life insurance, to free up substantial amounts of money that can be used as the policy holder sees fit.  The life settlement space continues to get scrutinized by the life insurance industry and regulators but is here to stay. Continue Reading...

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I woke up today and opened my Wall Street Journal.  I read the WSJ front to back; that means I read the main section, then Marketplace, Money & Investing, and then Personal Journal, in that order.  When I finally got to the Personal Journal section, there was an article entitled "Hometown Makes Good" by Kevin Helliker (available if you are a WSJ.com subscriber).  I don't know Mr. Helliker but I do know the hometown he writes so glowingly about, Kansas City, Kansas.  A little history is in order so that this post doesn't read like I've got an axe to grind.
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April 14, 2003
By JIM ORR / Texas Lawyer Contributors

In these times of doctors maintaining little or no medical-malpractice insurance, lawyers representing injured plaintiffs are seeking additional grounds on which to hold hospitals responsible for medical negligence occurring at their facilities. Lawyers representing hospitals, in response, are thinking up new ways to fight back. One punch used recently is the assertion of what I call the "landlord defense."

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