Announcements |
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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, you’ll leave the live music capital of the world feeling energized, connected, and bad to the bone! 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. Click on the headline to register! |
Laws/Cases |
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FL Court Approves Bank of America’s $410M Settlement on Fees |
| A Florida court has given preliminary approval to Bank of America Corp.’s $410 million settlement of a federal lawsuit accusing the bank of charging excessive overdraft fees. The Charlotte, N.C. bank will place $410 million in an escrow account that will be divided among 1 million customers who were charged the high fees. According to a court filing Monday, the Southern District Court of Florida granted preliminary approval for the settlement. A hearing has been set for Nov. 7 for final approval. n the lawsuit, consumers alleged the bank processed its debit card and check payments in a way that caused more overdrafts. Customers pay overdraft fees when they spend more money than they have in their accounts. Associated Press, The Washington Post 05/25/2011 | Read Article: The Washington Post |
NYC Jury finds Plane Maker Was Not Responsible for Crash |
| A Manhattan jury found that a Minnesota airplane manufacturer isn’t responsible for the deaths of New York Yankees pitcher Cory Lidle and his flight instructor, who were killed when their small plane crashed into a Manhattan apartment building. The families of Lidle and instructor Tyler Stanger insisted the plane went down in October 2006 because its flight controls jammed. Associated Press, The Washington Post 05/25/2011 | Read Article: The Washington Post |
Child's Death at Staples Center Prompts Lawsuit |
| A Los Angeles family has filed a lawsuit against Anschutz Entertainment Group and L.A. Arena Co. after their 2-year-old son fell to his death from a Staples Center luxury box at the end of a Lakers game last year. The suit claims the defendants failed to warn users about the "dangerous design" of the skyboxes and that the barriers are not tall enough. The lawsuit is seeking unspecified monetary damages and an injunction "requiring the installation of taller barriers in front of the boxes." Chuck Schilken, LA Times 05/25/2011 | Read Article: LA Times |
Wrongful Death Suit Filed over Police Shooting |
| The fatal shooting of a Grand Junction, Colo., man by a state trooper has prompted a wrongful death lawsuit against the department and the trooper responsible. The lawsuit, filed by the man's family, claims the officer "acted illegally" in shooting them man while investigating a potential drunk driving case. The Denver Post reported that the victim was unarmed at the time of the shooting. Staff Report, Denver Post 05/25/2011 | Read Article: Denver Post |
Issues |
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FDA Issues Warning About SimplyThick |
| The U.S. Food and Drug Administration announced last week that parents should not feed milk or formula mixed with SimplyThick to premature babies. The agency said it has received reports that 15 infants who had been given the product developed a "life-threatening intestinal condition." The FDA releases a statement saying it is investigating reasons why SimplyThick made the children sick, and strongly recommends not giving the product to babies who are younger then 37 weeks old. Marissa Cevallos, LA Times 05/23/2011 | Read Article: LA Times |
TEXAS LAWYER CASE SUMMARIES |
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Austin Court of Appeals: Torts - health care liability claims |
| Appellant was an employee of the a hospital as a surgical technician. He was admitted as a patient at the hospital to undergo a tonsillectomy. The appellant alleges that, while he was under anesthesia, two nurses painted his fingernails and toenails with pink nail polish, wrapped his thumb with tape and wrote "Barb was here" and "Kris was here" on the bottoms of his feet. The appellant brought suit under several non health-care liability causes of action against the nurses, the hospital and other hospital employees. The appellant did not serve any employee with an expert report. The trial court dismissed all of appellant's claims with prejudice. Appellant's claims are not health care liability claims impermissibly "recast" as intentional torts. The trial court's dismissal is reversed and the cause is remanded. Drewery v. Adventist Health System/Texas Inc., Austin Court of Appeals, No. 03-10-00334-CV, 05-20-2011. , Texas Lawyer Opinions (TTLA Members Only) 05/25/2011 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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