| Announcements | | 
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| | Upcoming Seminars & Events. | |
| | Road Rules: A CRASH Course: March 29, Houston and April 6, San Antonio.******The Persuasive Edge: The Art of Communication and Influence, with Eric Oliver. April 29-30, Houston.******TTLA Annual Conference (formerly Midyear). June 1-3, Austin. Learn more at www.TTLA.com | | Share with your FB friends! | |
| | Injured patients discover hospitals seeking a piece of their accident settlements By Mary Ann Roser, Austin American Statesman, 3-28-11. Liens often are much higher than what hospital would normally be paid for services, lawyers charge. Personal injury lawyers and some patient advocates say hospital liens — which have been permitted by Texas law since the 1930s — by themselves are not bad. It makes sense for hospitals to try to get paid, they said. But they see hospitals abusing liens by seeking drastically higher payments from accident victims than they would otherwise get. Click on headline to read more. | | TEXAS SUPREME COURT ELECTRONIC-FILING EFFECTIVE | |
| | Effective March 28th, you may electronically file documents with the Texas Supreme Court, pay your fees, and serve opposing counsel using the Texas.gov electronic-filing system. To use the electronic-filing system you must first choose an electronic-filing service provider and register. You must send two paper copies of your filing to the Court when you use the electronic-filing system. | | Products | |
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| | F.D.A. Panel to Consider Warnings for Artificial Food Colorings | |
| | The FDA is for the first time publicly reassessing whether foods like Jell-O, Lucky Charms cereal and Minute Maid Lemonade should carry warnings that the bright artificial colorings in them worsen behavior problems like hyperactivity in some children. the F.D.A. will ask a panel of experts to review the evidence and advise on possible policy changes, which could include warning labels on food. The hearings signal that the growing list of studies suggesting a link between artificial colorings and behavioral changes in children has at least gotten regulators’ attention — and, for consumer advocates, that in itself is a victory. GARDINER HARRIS, The New York Times 03/30/2011 | | Read Article: The New York Times | | Another Medication Recall for Johnson & Johnson | |
| | Johnson & Johnson (J&J) has announced a recall of 700,000 packages of Tylenol and other medications due to the same musty odor that has prompted other recalls by the company in the past year. Along with Tylenol, Benadryl and Sudafed products were included in the recall. J&J has recalled more than 300 million bottles and packages of adult and children's consumer medicines in the past 15 months. Lewis Krauskopf; , Reuters 03/29/2011 | | Read Article: Reuters | | Laws/Cases | |
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| | $14M Jury Award to Ex-Inmate Is Dismissed | |
| | The US Supreme Court threw out a $14M jury award in favor of a former death row inmate who was freed after prosecutorial misconduct came to light. The former inmate, John Thompson, had sued Harry F. Connick, a former district attorney in New Orleans, saying his office had not trained prosecutors to turn over exculpatory evidence. Prosecutors in the office had failed to give Mr. Thompson’s lawyers a report showing that blood at a crime scene was not his. Justice Clarence Thomas, writing for the majority, said that only a pattern of misconduct would warrant holding Mr. Connick accountable for what happened on his watch. Adam Liptak, The New York Times 03/30/2011 | | Read Article: The New York Times | | Des Moines Settles Suit with Blind Man Hit by Bus | |
| | A $350,000 settlement has been reached in a lawsuit filed against the Des Moines Area Regional Transit Authority (DART) by a blind man who was hit by a DART bus in March 2008. The man claimed in his lawsuit that he had the right of way while crossing the street when he was suddenly hit by a local bus. The man suffered injuries that required hospitalization, but has since recovered. Staff Report, DesMoines Register 03/29/2011 | | Read Article: DesMoines Register | | Disney Monorail Death Lawsuit Settled | |
| | An undisclosed settlement has been reached in a lawsuit filed against Walt Disney Parks and Resorts over the death of a worker in a 2009 monorail crash. The driver’s monorail train was hit by another train going in reverse, due to “an incorrect report that the track switch had been aligned properly.” Anthony Colarossi, Orlando Sentinel 03/28/2011 | | Read Article: Orlando Sentinel | | Issues | |
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| | 19th-Century Law May Come Into Play in BP Case | |
| | Prosecutors may look to a 173-year-old maritime law to bring manslaughter charges against individuals involved in the Deepwater Horizon disaster, adding to a legal arsenal that already includes the federal Clean Water Act. The burden of proof to win a conviction of seaman’s manslaughter — which is based on a law from the 1830s – is lower than for regular manslaughter. The sentence could be up to 10 years in prison. It has been reported that companies involved could also face criminal charges under the Clean Water Act. That law also exposes individuals to criminal liability – even if they were not directly involved or aware of an incident – under the “responsible corporate officer doctrine” that has developed through many years of case law. Tom Fowler (blog), Houston Chronicle 03/30/2011 | | Read Article: Houston Chronicle | | FDA Questions Affects of Food Color Additives | |
| | The Food and Drug Administration (FDA) will question an advisory panel this week about the potential links between artificial food colorings and behavioral problems such as hyperactivity in children. While FDA scientists have maintained that synthetic color additives have no affect on normal children, recent studies have pointed to possible affects on children who already have behavioral disorders. The New York Times reports the agency may consider adding warning labels on certain foods that contain those additives, pending advice from the panel. Gardiner Harris, The New York Times 03/29/2011 | | Read Article: The New York Times | | TEXAS LAWYER CASE SUMMARIES | |
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| | Dallas Court of Appeals: Health Law - CPRC Ch 74 | |
| | In this accelerated interlocutory appeal, the first issue is whether appellant Gary D. Strobel, a prosthetist, is a "health care provider" as that term is defined in Civil Practices & Remedies Code Chapter 74. If he is, the second issue is whether appellees Larry and Patricia Marlow complied with the expert report requirements of that chapter. Undisputed evidence shows Strobel performed acts and treatments relating to an artificial leg for, to, or on behalf of Larry during his medical care or treatment as an amputee. Thus, Strobel is a health care provider. Jan. 10, 2009, was the deadline for the Marlows to serve an expert report pursuant to §74.351(a). They failed to do so. Such failure mandates dismissal with prejudice of their claims against appellants. Therefore, Marlows' claims are dismissed with prejudice. Strobel, et al. v. Marlow, et al., Dallas Court of Appeals, No. 05-09-01047-CV, 03-21-2011 , Texas Lawyer Opinions (TTLA Members Only) 03/30/2011 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | |
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