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August 25, 2011

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Nissan Customers Complaining About Transmissions

Jury Finds for Victims of Salmonella Outbreak

Imperial Sugar Seeks $50M To Defend Refinery Blast Suits

Class-Action Suit Against Groupon to Proceed

Jury Rules in Favor of Doctor in Amputation Lawsuit

Houston's 14th Court of Appeals: Torts - Texas Tort Claims Act

 

 

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Announcements

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TTLA Is Going To NAPA

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Fine Wine, Fine Food,Fine Company, Fine CLE. September 22—25, 2011 * Villagio Inn. Villagio Inn and Spa in Yountville will be our home away from home while we make our way around the vineyards of NAPA Valley. While in NAPA you will enjoy some of the best selections of wines produced in the area. Our chairs Bob Haslam and Clay Miller will also bring us six hours of informative CLE.  

 

2011 Reel Justice Fishing Tournament, Sep 30 - Oct 1 in Port Aransas

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Join the TTLA Advocates for our first Annual Reel Justice Fishing Tournament, and see who gets bragging rights as TTLA's fishing champion! The fun starts Friday evening with a Welcome dinner, where you'll meet your guide and pick up your tournament materials. Saturday morning at first light, it's ON! Registration fee includes boat, guide, Welcome dinner on Friday, breakfast, lunch & snacks on Saturday, tournament t-shirt, and other goodies!  

 

Products

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Nissan Customers Complaining About Transmissions

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The National Highway Traffic Safety Administration (NHTSA) has reportedly received numerous complaints from drivers of Nissan Frontiers, Pathfinders and Xterras about transmission failures due to leaking radiator coolant. The company extended the warranties to cover radiators, but did not apply the warranty to vehicles over 80,000 miles. Drivers are reporting that the transmission failures are causing safety issues, like rapid slowing or the inability to safely cross an intersection. The NHTSA has not publicly declared if they will investigate the problem.  Christopher Jensen, The New York Times  08/24/2011

Read Article: The New York Times    

 

Laws/Cases

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Jury Finds for Victims of Salmonella Outbreak

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In a lawsuit that stems from three separate salmonella outbreaks that sickened the patrons of the International House of Pancakes in Amarillo starting in June 2008, a jury in Potter County’s 320th District Court ordered the restaurant to pay a total of $1.4M ($140,000 for each of the 10 plaintiffs). Other parties in the case have settled nearly half of the complaints listed in the original petition before trial. The suit, filed in May 2010, included 24 IHOP patrons. The settlement amounts remain confidential.  Bobby Cervantes, Amarillo Globe-News  08/25/2011

Read Article: Amarillo Globe-News    

 

Imperial Sugar Seeks $50M To Defend Refinery Blast Suits

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Imperial Sugar Co. on Tuesday hit two of its insurers with a suit in Texas federal court seeking to force them to provide $50 million to defend claims stemming from a refinery explosion that killed and injured dozens of workers in 2008. Imperial alleges American Guarantee & Liability Insurance Co. and St. Paul Fire & Marine Insurance Co. breached their excess liability insurance policies by denying coverage in more than a dozen personal injury lawsuits pending against the company.  Derek Hawkins, Law360.com  08/25/2011

Read Article: Law360.com    

 

Class-Action Suit Against Groupon to Proceed

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A federal judge in northern California has approved parts of a class-action lawsuit against Groupon that accuses the company of bait-and-switch advertising. The suit, filed by a San Francisco tour company, claims Groupon "buys tour-related keywords on Google's AdWords service, but often does not actually offer tour coupons when customers arrive at the site." This inflates the price of keywords for the tour company, but actually decreases the prominence of its ads in Google searches, the suit alleges.  Dan Levine, Reuters  08/24/2011

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Jury Rules in Favor of Doctor in Amputation Lawsuit

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A Kentucky jury has ruled in favor of a local doctor in a lawsuit filed by a truck driver whose penis was amputated during what should have been a simple circumcision procedure. During the procedure, the doctor found a cancerous tumor on the man's genitalia and determined it had to be removed. The suit claimed the doctor did not exercise proper care, but the jury disagreed. Lawyers for the plaintiff said the verdict will be appealed.  Ivonne Rovira, Reuters  08/24/2011

Read Article: Reuters    

 

TEXAS LAWYER CASE SUMMARIES

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Houston's 14th Court of Appeals: Torts - Texas Tort Claims Act

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Houston's 14th Court of Appeals http://www.law.com/jsp/tx/LawDecisionTX.jsp?id=1202511604865 After her husband Rodney Johnson was shot and killed in the line of duty as a Houston police officer, Joslyn Johnson sued the city of Houston. She alleged that the city was grossly negligent in that it failed to implement policies and procedures to safeguard police officers during routine traffic stops and that the city's immunity from suit from such a claim is discriminatory and violates the equal-protection clause of the state constitution. The trial court denied the city's pleas to the jurisdiction to Johnson's negligence claim and her equal-protection allegations. The Legislature has affirmatively stated that there is no waiver of immunity from suits in which the claimant seeks exemplary damages, or challenges the way in which governmental entities provide or fail to provide police protection. Johnson's equal protection complaint seems to be that the Texas Tort Claims Act violates her state right to equal protection because it does not contain a waiver of immunity from a suit for exemplary damages by the spouse of a governmental employee killed while working due to the employer's gross negligence in providing police protection. These allegations do not raise a valid equal-protection claim. The trial court's denial of the plea to the jurisdiction is reversed and remanded with directions to dismiss Johnson's gross-negligence and equal-protection claims with prejudice. City of Houston v. Johnson, Houston's 14th Court of Appeals, No. 14-10-01098-CV, 08-16-2011.  , Texas Lawyer Opinions (TTLA Members Only)  08/25/2011

Read Article: Texas Lawyer Opinions (TTLA Members Only)    


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