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Texas Trial Lawyers Association


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  May 7, 2014

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Upcoming Online CLE

7
May

Jury Selection in a Medical Malpractice Case

14
May

Everything You Need to Know to Second Chair at Trial

22
May

Med School for Lawyers: Spinal Injuries

29
May

How to Use Social Media in Your Case

3
Jun

How to be Successful At Obtaining and Maximizing Non-Economic Damages

4
Jun

Medicare Set Asides in General Liability and Medical Malpractice Cases

5
Jun

Da Vinci Robot Litigation

Announcements


 

COLLABORATE! TTLA’S 2014 ANNUAL CONFERENCE!

COLLABORATE! Join TTLA President Mike Guajardo at TTLA’s 2014 Annual Conference in Austin, June 11-13. ALL MEMBERS are invited and encouraged to attend a very important meeting of our Board of Directors Meeting on June 12th. In addition, the CLE Committee has once again planned three dynamic programs. We’ll start things off with The Jury Bias Model™ - From Car Wrecks to the Complex Case presented by Greg Cusimano and David Wenner on June 11th, followed by a ½-day CLE on June 12th with some of TTLA’s brightest stars sharing their best tips. The conference will wrap up with our Annual Med Mal program with all the latest updates and insights, before closing with an evening of Magic and Music. Click here to see all we have planned for you! Two days. Three great seminars. TTLA’s 2014 Annual Conference. Click on the headline for more information and to register.  

 

Issues


 

Denton City Council Bans Texting While Driving, Approves Gas Drilling Moratorium

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The Denton City Council voted to ban texting while driving. The texting ban, approved unanimously, goes into effect May 20 and carries a $200 fine. The city plans a campaign to educate people on Denton’s new law and the problems of distracted driving beginning in July. Additionally, the council voted to approve a moratorium on all new oil and gas drilling in the city until Sept. 9 or until city ordinances could be revised. The city had reached a “standstill” agreement with EagleRidge Energy that had halted new drilling by that company pending negotiations. The new moratorium would extend to any drillers within the city limits.
PEGGY HEINKEL-WOLFE , The Dallas Morning News 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    

 

VA Employee: Wait List Data Was Manipulated in Austin, San Antonio

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A Department of Veterans Affairs scheduling clerk has accused VA officials in Austin and San Antonio of manipulating medical appointment data in an attempt to hide long wait times to see doctors and psychiatrists, the American-Statesman has learned. In communications with the U.S. Office of Special Counsel, a federal investigative body that protects government whistleblowers, the 40-year-old VA employee said he and others were “verbally directed by lead clerks, supervisors, and during training” to ensure that wait times at the Austin VA Outpatient Clinic and the North Central Federal Clinic in San Antonio were “as close to zero days as possible.”
Jeremy Schwartz, Austin American Statesman 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Austin American Statesman    

 

Colorado: VA Treatment Records Falsified, Probe Finds

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A VA investigation of one of its outpatient clinics in Colorado reveals how ingrained delays in medical care may be for an agency struggling to rapidly treat nearly 9 million veterans a year amid allegations that dozens have died because of delays. Clerks at the Department of Veterans Affairs clinic in Fort Collins were instructed last year how to falsify appointment records so it appeared the small staff of doctors was seeing patients within the agency's goal of 14 days, according to the investigation.
Gregg Zoroya, USA Today 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today    

 

Laws/Cases


 

 

Alabama High School Football Player's Lawsuit Gets Court Date

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A court date has been set for the lawsuit filed by an Alabama high school football player who was seriously injured during a mandatory workout. According to the lawsuit, the 15-year-old high school student was knocked unconscious when he was hit during practice by a teammate. The lawsuit contends that the plaintiff was left unconscious for half an hour during the unsupervised practice. A May 27 hearing has been set for the school district to present oral arguments for why it should be dismissed from the lawsuit.
Paul Gattis, AL.com 05/06/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: AL.com    

 

Lawsuit Filed Over Pepper Spraying of Mentally Ill

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A lawsuit was filed on Tuesday accusing California state corrections officials of using pepper spray to control mentally ill patients. The lawsuit contends that in July 2012 corrections officials used pepper spray on a 33-year-old mentally ill inmate who refused to take his medication. A video of the incident was recorded and is being used as evidence in the case. The lawsuit seeks compensatory and punitive damages from the secretary of the California Department of Corrections and Rehabilitation and other prison officials.
Sam Stanton and Denny Walsh, The Sacramento Bee 05/06/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Sacramento Bee    

 

Mother Sues Fraternity Over Son's Death During Pledge Week

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The mother of an Arizona State University student who drowned after a night of drinking has filed a lawsuit against the chapter of his fraternity. The 19-year-old student was intoxicated the night of a fraternity pledge drive and, after being kicked out of a bar, drowned in a nearby lake. His body was found weeks later and officials determined that he drowned with a blood-alcohol level of .28 percent. The lawsuit, which accuses the fraternity of negligence, seeks a jury trial and punitive and compensatory damages.
Wire Report, Arizona Daily Star 05/06/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Arizona Daily Star    

 

$100M Settlement Reached Over Meningitis Cases

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Bankruptcy lawyers have reached a settlement worth more than $100 million with insurers and the family that owns the defunct Framingham pharmacy that manufactured tainted drugs blamed for killing 64 people and sickening hundreds more in 2012, a deal that paves the way to eventually providing compensation for victims. Under the proposed settlement filed in US Bankruptcy Court in Boston on Tuesday, New England Compounding Center owners Barry Cadden and his wife, Lisa Conigliaro Cadden, will contribute $21 million to a fund for creditors. Lisa’s sister-in-law and co-owner Carla Conigliaro will add $24 million, and Lisa’s brother and co-owner Greg Conigliaro will contribute $2.75 million.
Todd Wallack, Boston Globe 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

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Gun Dealer Faces Liability for Selling Murder Weapon

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An Alaskan gun dealer faces trial for selling a Ruger .22-caliber rifle to a fugitive and drug addict who used it to kill a stranger outside a supermarket in 2006. The case is the first attempt in Alaska to hold a gun dealer liable for illegally selling a firearm that was used to injure or kill, according to the Brady Center to Prevent Gun Violence, which represents the family members of the victim, Simone Kim. The suit, filed in 2008, alleges that dealer Ray Coxe, owner of Rayco Sales, failed to do a background check when he sold the gun to Jason Coday, a fugitive and methamphetamine addict.
Amanda Bronstad,, The National Law Journal - $$ Subscription Required 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The National Law Journal - $$ Subscription Required($)    

 

Judge Sanctions Actos Defenders for Disruptive Behavior

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A Las Vegas judge has sanctioned defense attorneys for disobeying court orders and disrupting court proceedings, saying the behavior could prejudice the jury against the plaintiffs in a closely watched trial over the pharmaceutical drug Actos. Clark County, Nev., District Judge Kerry Earley found that attorneys for Takeda Pharmaceuticals USA Inc., maker of Actos, had violated pretrial evidentiary rulings nine times during the trial, which is expected to wrap up this month. They also have “repeatedly engaged in disruptive and disrespectful behavior towards the court,” she wrote.
Amanda Bronstad, The National Law Journal - $$ Subscription Required 05/07/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The National Law Journal - $$ Subscription Required($)    


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