Announcements | | | TTLA Annual Conference has moved to June 1-3 in Austin | | We’ll be hosting all the events you’ve come to expect from our December conference. Between the 2-day CLE, parties, meetings, legislative update & special events. Check out the CLE program agendas for Wednesday and Thursday, which include a live video presentation with David Ball plus family friendly events to make this a true vacation opportunity. Register now! | Laws/Cases | | | Vatican Served with Court Papers Naming Pope, Others in Wis. Abuse Case | | The U.S. State Department says the Vatican has been served with court papers stemming from decades-old allegations of sexual abuse against a now-deceased priest at a Wisconsin school for the deaf. The lawsuit was filed nearly a year ago in federal court. It claims Pope Benedict XVI and two other top Vatican officials knew about allegations of sexual abuse at the Milwaukee-area school and called off internal punishment of the accused priest. Associated Press, The Washington Post 04/13/2011 | Read Article: The Washington Post | Jury Orders R.J. Reynolds to Pay $300K to Daytona Woman | | A 77-year-old Daytona Beach woman has won $300,000 in what likely is the first verdict against a tobacco company in Central Florida out of thousands of suits filed statewide by ailing, longtime smokers. A Volusia jury has decided that R.J. Reynolds Tobacco Company is partly liable for the lung cancer suffered by Stella Koballa. A circuit judge will review the verdict at a future court hearing. Ludmilla Lelis, Orlando Sentinel 04/13/2011 | Read Article: Orlando Sentinel | “Prevailing Party” Definition for Defendants not Controlled by Definition for Plaintiffs | | An April 6 opinion by San Antonio’s 4th Court of Appeals defined what a defendant must accomplish to be considered a “prevailing party” entitled to attorney’s fees (Fitzgerald, et al., v. Schroeder Ventures II LLC). The 4th Court found that Fitzgerald, Pratt and Panzarella were prevailing parties: “The jury found no liability as to all of the claims brought against them, and the trial court accepted the jury’s no-liability findings and rendered a take-nothing judgment in their favor.” Angela Morris, blog, Texas Lawyer 04/13/2011 | Read Article: Texas Lawyer | Tx AG Accuses Auto Warranty Co. of Violating 'Do Not Call' List | | Thousands of unwanted phone calls hawking an auto warranty plan that Texas Attorney General Greg Abbott says was too good to be true could cost the owner of a now-defunct California company thousands of dollars. In a court filing Tuesday, Abbott's office accuses telemarketers working for Credexx, owned by David J. Tabb, of repeatedly violating the law by contacting people on the state and federal "do not call" lists. Gary Dinges , Austin American Statesman 04/13/2011 | Read Article: Austin American Statesman | Austin Council Emails Shed Light on Sanders Lawsuit | | After refusing to pay a $750K settlement in a lawsuit over a fatal police shooting, Austin City Council members swapped emails about how to outmaneuver the plaintiff's lawyer and focus attention on "community healing" instead of the grittier nuances of the case. The emails span the months after the July 2010 settlement vote and offer the first glimpse into council members' private deliberations on the lawsuit, now set for trial in November. Sarah Coppola &Tony Plohetski , Austin American Statesman 04/13/2011 | Read Article: Austin American Statesman | $1 Million Settlement Reached in Elevator Death | | Ohio State University has agreed to a $1 million settlement in lawsuit filed over a fatal elevator crash that killed a freshman student in 2006. The student was stepping off the elevator when it suddenly dropped, crushing him between the ceiling of the elevator and the third floor lobby. After an investigation, it was concluded that the elevator's main brake had failed. The suit accused the university of failing to properly inspect and maintain the elevator. Kathy Lynn Gray, Columbus Dispatch 04/13/2011 | Read Article: Columbus Dispatch | Wrongfully Imprisoned Man Awarded $6.5 Million | | Westchester County in New York has agreed to a $6.5 million settlement with a local man who was wrongfully imprisoned for 15 years. The man was convicted of raping, beating and strangling a high school classmate at the age of 17. DNA evidence, however, exonerated him. Fernanda Santos, The New York Times 04/13/2011 | Read Article: The New York Times | Suit Accuses Florida Deputies of Framing Man | | A Florida woman has filed a lawsuit against Broward County Sheriff's Office over the wrongful conviction of her brother, who died in 2000 while on death row. A few months after his death, DNA evidence exonerated him. The lawsuit accuses sheriff's officials of successfully conspiring to pin a rape and murder on him. The suit is seeking enough money to cover a proper funeral and headstone for the man. Staff Report, United Press International 04/12/2011 | Read Article: United Press International | Jury Awards $4.5 Million in Medical Malpractice Suit | | A Burbank, Calif., jury has awarded $4.5 million to a local woman in a medical malpractice suit she filed after the death of her husband. The lawsuit claimed a La Canada Flintridge physician failed to properly diagnose the man, who was complaining of chest pains. He died after being given a stress test, at the age of 51. Wire Report, San Jose Mercury News 04/06/2011 | Read Article: San Jose Mercury News | Issues | | | Internet Privacy: Consumer Issue of the Year in Congress | | Internet privacy is shaping up as the consumer issue of the year in Congress. The Commercial Privacy Bill of Rights introduced by Sens. John F. Kerry and John McCain includes measures to address consumer concerns that their sensitive information could be misused. It stops short of a "do not track" provision sought by privacy advocates that would block companies from tracking Americans' online activity. Jim Puzzanghera, LA Times 04/13/2011 | Read Article: LA Times | Healthcare | | | White House Targets Medical Errors | | The White House announced a broad new initiative to reduce medical errors, partnering with private insurers, business leaders, hospitals and patient advocates to tackle a problem that kills thousands of Americans every year. Funded by the healthcare overhaul aims to cut by 40% over the next 3 years the number of harmful preventable conditions and seeks to cut readmissions to hospitals 20% by encouraging better care for patients after they leave. Noam N. Levey, LA Times 04/13/2011 | Read Article: LA Times | Class Action | | | Class-Action Suit Filed Against Huffington Post | | A group of bloggers has filed a class-action lawsuit against the Huffington Post, which was recently purchased by AOL for $315 million. The lawsuit claims the Post "jealously guards" the amount of page views that a blogger receives and the amount of revenue generated by blog posts. The bloggers should be compensated for their work, the suit claims, because without it, the company would have sold for an estimated $105 million less. Eriq Gardner, Reuters 04/12/2011 | Read Article: Reuters | | | | |