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Texas Trial Lawyers Association


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  April 17, 2014

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Upcoming Online CLE

22
Apr

The Ethics of Lawsuit Lending

24
Apr

Medicare Secondary Payer Act -- Guidelines and Forthcoming Enforcement in Personal Injury Cases

30
Apr

Trial by Human: Building and Presenting the Non-Economic Damages Case at Trial

7
May

Jury Selection in a Medical Malpractice Case

14
May

Everything You Need to Know to Second Chair at Trial

Announcements


 

 

Mark Your Calendar!

The TTLA Annual Conference will be held June 11-13 at the Sheraton Hotel in Austin. More information coming soon.  

 

Laws/Cases


 

 

GM Seeks Court Protection From Ignition Lawsuits

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In regards to the influx of recall-related lawsuits, General Motors is asking a U.S. court judge to stay lawsuits concerning claims related to incidents that occurred before it exited bankruptcy in 2009. The automaker has asked for "a stay on litigation related to ignition claims until a judicial panel on multidistrict litigation decides on a motion to consolidate the case with other lawsuits and the bankruptcy court rules on whether the claims violate GM's 2009 bankruptcy sale order." There have been 13 deaths in connection with faulty ignition switches, which has led to a recall of 2.6 million GM vehicles.
Jessica Dye, Reuters 04/16/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters    

 

Residents File Suit Against City After Landslide Destruction

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A lawsuit was filed on Wednesday against the city of Peoria, Ill. over a landslide which destroyed the properties of at least 28 families last year. The list of plaintiffs includes 24 of the families "whose properties were affected and devalued by the landslide." The lawsuit seeks a minimum of $50,000 per home and a total of $3 million from the city. The lawsuit also alleges negligence on behalf of the city in the year since the landslide.
Scott Hilyard, Peoria Journal Star 04/16/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Peoria Journal Star    

 

Man Permanently Injured by Exploding Exercise Ball Files Suit

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A 70-year-old South Dakota man has filed a lawsuit against the manufacturer of an exercise ball which caused him permanent injury when it burst during use. The plaintiff was using the exercise ball when it burst and caused him to fall to the floor, leaving him temporarily unable to use his arms or legs and permanently handicapped. The lawsuit alleges negligence on behalf of the manufacturer and seeks an unspecified amount of monetary damages.
John Hult, Sioux Falls Argus Leader 04/17/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Sioux Falls Argus Leader    

 

Employee Sues After Being Forced Into Early Maternity Leave

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A sales associate at a San Jose, Calif. Pier 1 store has filed a lawsuit alleging she was forced to take an early maternity leave which expires before she is due to have the baby. The plaintiff's doctor instructed her not to lift more than 15 pounds or climb a ladder and the store allowed the plaintiff to be put on "light duty." After that 8-week period ended, the store refused to extend the period and forced the plaintiff to take maternity leave, which ends in May, even though the baby is not due until July. The lawsuit alleges the company did not "reasonable accommodation for an employee for a condition related to pregnancy," as required by California state law.
Robin Abcarian, LA Times 04/16/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times    

 

U.S. Court: Companies Can't Litigate Secretly to Protect Image

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A federal appeals court on Wednesday directed that litigation about a product linked to the death of an infant be made public, saying the manufacturer could not keep the details secret to protect its image. Overturning a lower court's findings, the 4th U.S. Circuit Court of Appeals said allowing the manufacturer known in court papers as Company Doe to maintain confidentiality "effectively shut out" the public and the press from their constitutional right to obtain access to civil proceedings.
Jonathan Stempel, Reuters, Yahoo News 04/17/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Yahoo News    

 

Issues


 

 

When ‘Liking’ a Brand Online Voids the Right to Sue

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General Mills has quietly added language to its website to alert consumers that they give up their right to sue the company if they download coupons, “join” it in online communities like Facebook, enter a company-sponsored sweepstakes or contest or interact with it in a variety of other ways. Instead, anyone who has received anything that could be construed as a benefit and who then has a dispute with the company over its products will have to use informal negotiation via email or go through arbitration to seek relief, according to the new terms posted on its site.
STEPHANIE STROM, The New York Times 04/17/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Wrongful Death


 

 

Navy Yard Shooting Lawsuit Re-filed in Fla. Court

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A wrongful death lawsuit alleging negligence on the part of the U.S. government and two contractors over the death of one of the Navy Yard shooting victims has been re-filed in Florida court. The newly filed lawsuit makes similar claims to the first lawsuit, which was dismissed for procedural reasons; namely, that the government did not adequately secure the Navy Yard and the contractor who employed the shooter did not conduct an adequate background or mental stability check. The victim was one of twelve who was gunned down during the shooting in D.C. last fall.
Matt Zapotosky, The Washington Post 04/16/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post    


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