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Texas Trial Lawyers Association


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February 3, 2014

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Upcoming Online CLE

13
Feb

The Ethics of Medicare Secondary Payer: How Present Practices Pose Practical Problems for Plaintiff Practitioners

18
Feb

Dealing with Protective Orders “ Another View

19
Feb

New Strategies for Hospital Acquired Infections

20
Feb

From First Consult to Complaint: Basic Tips for Representing a Client With a Sexual Harassment Claim

26
Feb

Social Media: Identifying the Ethical Pitfalls of the Communications Revolution

Announcements


TTLA Pharmaceutical & Medical Device Seminar | April 3-4 | Royal Sonesta, Houston

In April 2014, something BIG is coming to TTLA! Planning is underway, and the 2nd Annual TTLA Pharmaceutical & Medical Device Seminar will be bigger and better than ever. You wont want to miss this sell-out seminar with its lineup of in-demand topics, storied speakers and unparalleled insight. Watch your e-mail for more information coming soon and save the date: April 3-4 in Houston. Think BIG. Think TTLA PMD.

Laws/Cases


Lawsuit Claims Company Fired Woman After Learning She Has Cancer

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A Chicago woman has filed a lawsuit against her former employer who fired her after learning that she had cancer. According to the disability discrimination lawsuit, the plaintiff's employer of four years terminated her from her job after she requested time off due to having stage three esophageal cancer. In a private meeting with her supervisor, the plaintiff was encouraged to resign and offered six months of COBRA to help with her health care expenses. She was then fired by the company. The plaintiff recently had surgery and is scheduled to check out of the hospital this week.
Carol Kuruvilla, New York Daily News 01/30/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News

Suit Filed After Police Break Teenager's Arm

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The family of a Rotterdam, New York teen whose arm was broken by police officers has filed a lawsuit seeking damages in excess of $1 million. The teenager has been diagnosed with multiple emotional disorders, including Tourette syndrome, anxiety disorder, bipolar disorder and pervasive developmental disorder. He was being forced off of a school bus by police officers when his arm was broken. The lawsuit alleges that the police officers used excessive force when they "proceeded with significant force to break the arm between the shoulder blade and elbow, creating a displaced fracture." The lawsuit seeks damages for a fractured humerus, possible nerve damage, medical expenses and pain and suffering.
Paul Grondahl, Albany Times Union 01/31/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: Albany Times Union

Billion-Dollar Pipeline Trial Taking Shape as a Nasty Divorce case

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The billion-dollar legal battle between three oil and gas giants ” Energy Transfer Partners, Enterprise Products and Enbridge ” is only a few days old, but it already resembles a nasty, bitter divorce caused by a lovers triangle. At the heart of the dispute is whether ETP and Enterprise legally formed a partnership in 2011 when the two energy corporations tried to form a pipeline that would transport oil from Cushing, Okla., to Houston.
Mark Curriden, Texas Lawbook, The Dallas Morning News 02/03/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News

Dominos Delivery Workers Settle Suit for $1.3 Million

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Two bicycle deliverymen sued the Dominos franchisee that employed them, accusing it of minimum wage and overtime violations. Eventually, dozens of delivery workers joined the lawsuit, and their lawyers announced on Friday that the Dominos franchisee, DPNY Inc., had agreed to pay $1.28 million to 61 workers to settle the claims. The awards will range from $61,300 to $400 per delivery person, depending on how long each worked for DPNY, which owns four Dominos in Manhattan.
STEVEN GREENHOUSE, The New York Times 02/03/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times

Issues


West Blast Makes List of Texas Lawmaker Priorities

The West fertilizer blast that killed 15 people will face more scrutiny over the next year from lawmakers who could strengthen state regulations surrounding chemical facility safety and inspections, according to a list of House priorities released Friday. Republican House Speaker Joe Straus also directed a review of first responders in rural areas dependent on volunteer units such as in West, where most of the victims who rushed toward the April 17 blast at West Fertilizer Co. were volunteer firefighters. More permitting for chemical facilities, however, won't likely come in the aftermath of one of the deadliest U.S. plant explosions in recent years.
PAUL J. WEBER, AP, Austin American Statesman 02/03/2014 Facebook iconTwitter iconLinkedIn icon

Read Article: Austin American Statesman

Report: Orders to Watch Patient Not Recorded

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Nurses at a San Francisco hospital "inadvertently discontinued" a doctor's orders to have a staff member maintain a constant watch on a patient who ended up leaving her room and was found dead in a locked emergency stairwell 17 days later, California public health inspectors found. A report the inspectors prepared for the federal Centers for Medicare and Medicaid Services states that Lynne Spalding was considered an "elopement" risk from the time she was admitted to San Francisco General Hospital for a bladder infection, sepsis, unexplained weight loss and disorientation.
Associated Press, San Francisco Chronicle 02/03/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle

Editorials/Columns/Letters


Noncompete Contracts Being Challenged

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Once restricted to the executive suite, noncompete agreements are making their way down the corporate ladder. The increase in popularity stems in large part from a series of Texas Supreme Court rulings that made noncompete agreements easier to enforce an employment lawyer who specializes in such agreements. The courts are handling the crush by focusing on whether the contracts are reasonable in how they limit the scope of activity, the geographic area and the amount of time people are bound by the contract.
L.M. Sixel, Houston Chronicle 02/03/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle


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