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September 6, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Market-Related Returns on the Full Value of your fees

Upcoming Online CLE
7
Sep
Future Medicals in 2016 Update & the MSP Statute: When does a defendant's prepayment lead to a beneficiary's deductible?
8
Sep
The Evolution of Rules of the Road to Rhetorical Questions
13
Sep
List Server Tools and Tips Webinar
14
Sep
Practicing Law in the Cloud
22
Sep
Opening Statement: It's About a Story
27
Sep
When a Sale Really Isn’t a Sale: False Discounts and Consumer Protection
28
Sep
Pituitary Injuries in TBI Cases - Ignore Them at Your Peril!
5
Oct
Just When You Thought It Was Over - The Turnabout In Class Action Litigation
Announcements

TTLA Car Wrecks Seminar
Check out our upcoming TTLA Car Wrecks Seminar dates and locations. Click on the headline to learn more and register.

Members Only Master Workshop with Carl Bettinger and Fredilyn Sison
Members Only Master Workshop with Carl Bettinger and Fredilyn Sison: Story and Psychodrama - The Pathways to the Hero in Every Juror. October 13th in Austin. Registration limited to 45, click on the headline to register.

Texas Tribune Daily Brief

The Brief for Sept 6
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Alex Samuels, Texas Tribune09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

West Explosion Postscript: Over-Regulation of the Wrong Chemical?
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The federal government issued the new regulations after the 2013 explosion in West that killed 15 people and destroyed a nursing home, apartment complex, nearby homes and school buildings. It caused an estimated $100 million in damages. What bothers opponents is that the explosion in West was not caused by the anhydrous ammonia stored there, but instead by ammonium nitrate detonated in what has been deemed an arson.
Lynn Brezosky, San Antonio Express News09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Antonio Express News


Laws/Cases

$19.7M Medical Malpractice Verdict Handed Down in Dallas
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A Dallas County jury awarded $19.7M yesterday to the family of a woman who spent more than a year in a "permanent vegetative state before her death following brain damage she sustained as a patient at the same hospital where she worked as a surgical technician." The woman had been diagnosed with a rare disorder called Guillain-Barre syndrome (GBS). While being treated at the hospital, a breathing tube inserted into her trachea came loose and she spent over half an hour without oxygen, which caused serious brain damage.
Staff Report, CBS DFW08/31/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: CBS DFW

Lawsuit Filed Over Fatal Explosion Involving Takata Air Bags
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An accident last month in Quemado, Texas, that involved an 18-wheeler hauling Takata air bag inflators has resulted in a lawsuit. One person was killed and four people were injured in the accident where the 18-wheeler ran off the road, caught fire and exploded. One of the injured people has filed this suit against Takata and one of their holding companies claiming the explosion gave him a concussion and permanent hearing loss.
Van Darden, KSAT.com09/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: KSAT.com

$507,000 Awarded to Woman With Needle in Back for Seven Years
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Over half a million dollars has been awarded to a woman who has had a hypodermic needle stuck in her back for seven years. The woman from St. Louis County, Missouri was given a jury award of $507,000 in her lawsuit against Dr. Catherine Doty and the Allied Physicians Group LLC. The lawsuit was filed in 2011 by the plaintiff, who had a one and a half inch needle mistakenly embedded in her back during treatment. Several attempts to remove the needle, which has now migrated in the woman's body, have been unsuccessful. The jury ruled in favor of the plaintiff after a four-day trial this week in St. Louis County.
Joel Currier, St. Louis Post Dispatch09/03/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: St. Louis Post Dispatch

Fox Settles Carlson's Sexual Harassment Lawsuit Against Ailes
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Twenty-First Century Fox, the parent company of Fox News Channel, apologized Tuesday to Gretchen Carlson as it agreed to pay $20 million to the former Fox broadcaster to settle a sexual harassment lawsuit she filed against former Fox News CEO Roger Ailes, according to a person briefed on the settlement terms.
Roger Yu, USA Today09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

GM Settles Last Bellwether Ignition-Switch Cases
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GM said on Monday it settled the last two so-called bellwether cases stemming from a faulty ignition switch linked to 124 deaths and 275 injuries. The settlement came on the eve of what would have been the fourth in a series of test trials intended to help GM and plaintiffs define settlement options in 234 injury and death lawsuits consolidated in Manhattan federal court.
Lawrence Hurley, Reuters09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters

Exxon Gets Texas High Court Review Of Water Pollution Row
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The Texas Supreme Court on Friday granted review to Exxon Mobil in its groundwater pollution dispute with the owners of the Lazy R Ranch in West Texas, setting the table for a ruling that could prove important for both landowners and operators at odds over the environmental impacts from older oil and gas sites. The state's Eighth Court of Appeals in April 2015 had ruled in favor of the landowners.
Michelle Casady, Law360.com09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360.com

Philip Morris Strikes $45M Deal In Ark. Marlboro Lights Suit
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Philip Morris USA Inc. has reached a $45 million settlement with a class of smokers in Arkansas state court over claims the tobacco giant misrepresented that its Marlboro Lights and Ultra-Lights cigarettes were safer than the regular kind, according to court documents. Philip Morris and named plaintiffs Wayne Miner and James Easley on behalf of the Arkansas class filed a stipulation of settlement on Aug. 15, marking the end to one of the many Marlboro Lights-related lawsuits the company has faced.
Suevon Lee, Law360.com09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360.com

Match.com Not Immune to Stabbing Victim's Suit, Ninth Circuit Rules
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A woman who was brutally attacked by a man she met on Match.com can sue the dating site for failure to warn under a Nevada state law, the U.S. Court of Appeals for the Ninth Circuit ruled Thursday. A three-judge panel said Mary Kay Beckman’s claims are not barred by the Communications Decency Act, which grants broad immunity to interactive computer service providers from claims related to content posted by third parties. The Ninth Circuit, in an unpublished opinion, reversed a lower court decision dismissing Beckman’s suit.
Ross Todd, Law.com09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law.com


Class Action

Three Former Players Added to Class Action Suits Against the NCAA
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Three former college athletes have joined a group of class action lawsuits against the NCAA. These former collegiate athletes claim that their individual conferences and the NCAA were negligent and mishandled reports by student athletes of concussions and other head injuries. One of the former players alleges that “he was told to return to play after multiple concussions during both games and practices.” The lawsuits represent athletes who played in the NCAA from 1952-2010.
Jon Hale, Louisville Courier Journal08/31/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Louisville Courier Journal


Products

FDA Bans Sale of Many Antibacterial Soaps, Saying Risks Outweigh Benefits
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The FDA banned the sale of soaps containing certain antibacterial chemicals on Friday, saying industry had failed to prove they were safe to use over the long term or more effective than using ordinary soap and water. The FDA took action against 19 different chemicals. About 40 percent of soaps — including liquid hand soap and bar soap – contain the chemicals. Triclosan, mostly used in liquid soap, and triclocarban, in bar soaps, are by far the most common.
SABRINA TAVERNISE, The New York Times09/06/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times



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