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April 27, 2012

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Middle School Student Sues Two Classmates over Fake Facebook Page

Boy Scouts Seeks to Reverse Order to Release Sex Abuse Files

Negligence Suit Against Chicago PD to Proceed

Houston's 14th Court of Appeals: Health Law

TCEQ Concludes Massive Chemical Fire In Waxahachie Could Have Been Avoided

Citizens Bank Next in Line to Settle Overdraft Suit

Wrongful Death Suit Comes in UVA Student Murder

 

 

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Announcements

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FOX 4 DFW Investigation: Tort reforms limit options for some Texans

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Health care is a major issue in this presidential election. Everyone is trying to figure out how to pay for it without bankrupting our country. During his run for the White House, Governor Rick Perry pushed states to do as Texas did back in 2003 and cap medical malpractice lawsuits. The idea was, by eliminating frivolous lawsuits and capping the amount a jury can award, those benefits would be passed down to patients in the form of lower healthcare costs and more doctors working in Texas. But Fox 4 found some families don't buy it.  

 

TTLA is accepting nominations for the Making a Difference Award.

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TTLA, at the discretion of the Executive Committee, presents the Making a Difference Award to recognize and honor those clients whose cases demonstrate the critical role of the civil justice system in protecting the rights of Texas families. Any client (past or present) of a current TTLA member is eligible for this award. Click on the headline to learn more and download the nomination form.  

 

2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop

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Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more!  

 

Laws/Cases

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Middle School Student Sues Two Classmates over Fake Facebook Page

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A Georgia middle school student has filed a suit against two classmates that claims they created a fake Facebook page in her name with defamatory information. The suit by Alexandria Boston says the Facebook page distorted Boston's image to make her look fat and suggested she used drugs, according to the Daily Report and the Associated Press. The fake Alexandria, who goes by “Alex,” left obscene comments on friends’ pages, posted a racist video and made frequent sexual references, according to the complaint. Boston attends Palmer Middle School.  Debra Cassens Weiss, American Bar Association Journal  04/27/2012

Read Article: American Bar Association Journal    

 

Boy Scouts Seeks to Reverse Order to Release Sex Abuse Files

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The Boy Scouts of America is seeking to reverse a Santa Barbara judge's order to release 20 years' worth of confidential files detailing allegations of sexual abuse by troop leaders and others within its ranks. Lawyers for a former Scout, who was 13 when a volunteer leader sexually abused him in late 2007, contend the files will expose a "culture of hidden sexual abuse" in the organization and its failure to warn boys and their parents about "pedophilic wolves." The negligence suit alleges that a local Scout executive tried to talk the boy's mother out of reporting the crime to police and cites that as an example of a longstanding effort to conceal widespread abuse in Scouting.  Kim Christensen, LA Times  04/27/2012

Read Article: LA Times    

 

Negligence Suit Against Chicago PD to Proceed

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A court of appeals has ruled that a Chicago family may proceed with their lawsuit against the Chicago Police Department in a negligence case involving their mentally ill daughter. After being arrested for creating a disturbance at Midway Airport, police dropped the 21-year-old girl in a high-crime neighborhood seven miles away, where she was assaulted and dropped from a seventh story window. In a scathing opinion, one judge wrote police "might as well have released her into the lions' den at the Brookfield Zoo."  David Heinzmann, Chicago Tribune  04/27/2012

Read Article: Chicago Tribune    

 

TEXAS LAWYER CASE SUMMARIES

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Houston's 14th Court of Appeals: Health Law

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The appellant health care provider brings an interlocutory appeal from the trial court's order denying appellant's motion to dismiss based on the asserted inadequacy of the plaintiff's expert report. Appellee's expert report is not adequate because appellee's expert failed to specify whether the standards of care apply to the doctor or the nurse; alternatively, appellee's expert failed to specify whether there are general standards of care that apply to both doctors and nurses. The trial court's order is reversed and remanded. The University of Texas Medical Branch at Galveston v. Qi, Houston's 14th Court of Appeals, No. 14-11-00704-CV, 04-24-2012.  , Texas Lawyer Opinions (TTLA Members Only)  04/27/2012

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Studies/Reports

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TCEQ Concludes Massive Chemical Fire In Waxahachie Could Have Been Avoided

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Thick black smoke and huge fire balls became part of the Waxahachie landscape, October 3, 2011, after the blending of chemicals triggered a massive fire at the Magnablend Central Facility. A report just released by the TCEQ cites Magnablend with four alleged violations that occurred while the plant was engulfed in flames. Perhaps the most damning part of the report can be found in the investigator’s summary, which concluded that Magnablend should have known that the chemicals involved would likely produce a “flammable gas cloud when mixed.”  Jay Gormley, CBS 11  04/27/2012

Read Article: CBS 11    

 

Business Litigation

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Citizens Bank Next in Line to Settle Overdraft Suit

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Citizens Bank has become the latest bank to settle a lawsuit over manipulated charges that resulted in high overdraft fees. The bank agreed to pay $137.5 million to settle the class-action suit, which accused the financial institutions of ordering charges by amount instead of date to maximize overdraft fees.  Ann Carrns, The New York Times  04/26/2012

Read Article: The New York Times    

 

Wrongful Death

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Wrongful Death Suit Comes in UVA Student Murder

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The mother of a University of Virginia student who was murdered in 2010 has filed a wrongful death suit against the young man convicted of her murder. In his interrogation tape, the girl's former boyfriend said the two got in a physical altercation, leaving her with injuries that led to her death. The lawsuit is seeking $30 million in damages.  Jean Marbella, Baltimore Sun  04/26/2012

Read Article: Baltimore Sun    


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