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Texas Trial Lawyers Association


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  January 9, 2014

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Upcoming Online CLE

9
Jan

Handling Pressure Ulcer Cases

14
Jan

TTLA Board Orientation

15
Jan

Trial Programs for the iPad

16
Jan

Ethical Trust-Based Lawyer Marketing

21
Jan

Medtronic Infuse Bone Implant Litigation

22
Jan

Supplemental Security Income Basics

30
Jan

Developing Nursing Home Rules to Frame Your Case

Announcements


 

 

eFiling Mandate Deadline

In December 2012, the Texas Supreme Court mandated e-filing in civil matters. The first group of counties (Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Hidalgo and Fort Bend), the Supreme Court, the Court of Criminal Appeals and the 14 Courts of Appeal become mandatory January 1, 2014. This means that attorneys will no longer be able to file paper documents at the clerk's counter. E-filing in all other counties will become mandatory on a graduated schedule through July 1, 2016. Click on the headline to learn more.  

 

Best Kept Trial Secrets: What Happens in Vegas Stays in Vegas

February 20-21 at the Bellagio Hotel in Las Vegas. Don't gamble with your cases. 48 hours in Vegas can change your practice forever! Join some of TTLA's battle-tested veterans and emerging superstars in Las Vegas for a CLE experience that'll change your luck in the courtroom. Click on the headline to learn more.  

 

Laws/Cases


 

 

Family of Woman Killed in Gate City Explosion Files Lawsuit

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The family of the woman killed in the Dec. 17 explosion that leveled a Gate City apartment and injured eight others has filed a wrongful death lawsuit claiming Alabama Gas Corporation was negligent in maintaining 62-year-old cast iron gas distribution lines to the building. It is the third suit filed by survivors since the explosion, including a family of six. National Transportation Safety Board investigators have said they suspect a leak in a natural gas pipe led to the explosion.
Kent Faulk , AL.com 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: AL.com    

 

Surgeon Who Did Not Complete Medical Procedure is Sued

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A California cardiac surgeon is facing a lawsuit after he left an open-heart surgery before it was finished. The Fresno, Calif. heart surgeon left the operating room before his 72-year-old patient was in stable condition. The patient has subsequently been in a vegetative state since the surgery two years ago. The patient's wife and stepson filed the lawsuit on December 23. The suit seeks unspecified damages and also names the Community Regional Medical Center as a defendant.
Barbara Anderson, The Fresno Bee 01/08/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Fresno Bee    

 

Suit Claims Doctor Died of "Easily Diagnosable" Blood Clot

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The parents of a young doctor who died shortly after graduating from medical school have filed a lawsuit against Geisinger Wyoming Valley Medical Center in Plains Twp., Pa. The 26-year-old woman suffered cerebral hemorrhaging, a stroke and irreversible brain damage and died as a result of a blood clot condition which the lawsuit alleges was "easily diagnosable, treatable and entirely correctable." The woman sought medical attention at the hospital after 10 days of headaches but doctors failed to detect and treat the blood clot. The doctors did not conduct the proper tests, including a CT scan, until 40 hours after she arrived at the hospital. The suit names the hospital, Geisinger Health System, and Geisinger Health System Foundation as defendants.
Bob Kalinowski, The Scranton Time-Tribune 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Scranton Time-Tribune    

 

Suit: Diet Pills Put N.Y. Woman in Mental Hospital

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A woman from Queens, N.Y. has filed a lawsuit after suffering from severe insomnia and being put into a mental hospital after taking "black market" diet pills. The lawsuit alleges that the fat-burning pills prevented the 26-year-old from sleeping and caused her to behave in an odd and aggressive manner. While taking the pills, the woman argued with strangers, heard voices, sent aggressive text messages to her mother and tore a screen door at her home. As a result, she spent five days in a mental hospital. The lawsuit names the Natural Health Food Center in East New York and seeks unspecified damages.
Oren Yaniv, New York Daily News 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News    

 

Products


 

 

USDA Closes Foster Farms Plant Over Roach Infestation

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The USDA suspended operations at a Foster Farms poultry plant in Livingston, CA Wednesday because of a cockroach infestation.The plant was one of three Foster Farms facilities linked to a salmonella outbreak that has sickened at least 416 people nationwide since last March.
David Pierson, LA Times 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times    

 

Issues


 

 

Borrowers Hit Social-Media Hurdles

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More lending companies are mining Facebook, Twitter and other social-media data to help determine a borrower's creditworthiness or identity, a trend that is raising concerns among consumer groups and regulators. Consumer advocates say the trend increases the chance borrowers, including small businesses, will be unfairly denied credit or saddled with higher interest rates based purely on their social-media presence. They say federal laws haven't kept up with the trend, leaving borrowers exposed.
Stephanie Armour, WSJ Blogs 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: WSJ Blogs    

 

Fiery Oil-Train Accidents Raise Railroad Insurance Worries

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Railroads are required by law to transport hazardous materials, which include crude oil. And when they haul it, they are liable for it. Recent events underscore the perils. In the past two months, there have been three fiery oil-train derailments besides the one in Lac-Mégantic. Railroads have to renew their insurance annually. Each fiery oil-train derailment is raising more tough questions, both insurance brokers and rail executives say. Railroads are pushing regulators to be tougher on shippers and railcar owners.
Betsy Morris, Wall Street Journal - $$ Subscription Required 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Wrongful Death


 

 

$8 Million Awarded in Conn. Wrongful Death Lawsuit

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A jury has ruled that a Connecticut physician and his employers must pay $8 million in a wrongful death lawsuit. The lawsuit was filed by the family of a man who committed a murder-suicide in 2009, killing his wife and himself. The lawsuit alleged that the physician's "carelessness and negligence" and "failure to properly evaluate [the man's] mental state and recognize suicidal tendencies" led to both deaths.
Kelly Glista, The Hartford Courant 01/08/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Hartford Courant    

 

Lawsuit Alleges Negligent Care at Texas Nursing Home

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The family of an Alzheimer's patient from Waco, Texas, who died while at a nursing home in September 2012, has filed a wrongful death lawsuit against the facility. The lawsuit alleges that the nursing home's negligent care led to the 81-year-old's death. The patient was placed in the nursing home in December 2011 as he suffered from Alzheimer's disease and Parkinson's disease, requiring 24-hour attention. He died in September 2012 "after months of severe and agonizing pain and suffering" from pressure ulcers he developed at the nursing home, which the lawsuit alleges could have been prevented by the staff.
Tommy Witherspoon, Waco Tribune Herald 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Waco Tribune Herald    

 

Wrongful Death Suit Filed Over Shooting of U.S. Army Veteran

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The parents of a U.S. Army veteran who was fatally shot by a police officer have filed a wrongful death lawsuit against the town of Farmington, Maine. The 28-year-old was shot outside Town Hall after he threatened an officer with a knife. The lawsuit alleges that "the officer never called for backup, continued firing after [the man] was disarmed and was not fully trained." The town says there is insufficient evidence to prove that the veteran, who served in Afghanistan, suffered from post-traumatic stress disorder.
Staff Report, San Francisco Chronicle 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle    


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