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April 05, 2012

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VA Tech Asks Court to Cap Negligence Damages

Victim's Parents Can Join Death Suit Against Ex-U.S. Beer Baron

Family of Miner Sues Former Massey Officials

Lawsuit: Oregon Soldiers Sickened in Iraq Were Misled by KBR

Nursing Home Whistleblowers Fired

Suit: Police Kept Money Given as Tip to Waitress

Inmate Severely Beaten By Guards, Suit Says

Judge: Student Can Wear Pro-Gay Shirt For Now

Suit Against McDonald's Happy Meals Dismissed

Lightning Strike Death Prompts Suit Against Employer

 

 

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Announcements

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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop

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Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more!  

 

TTLA is accepting nominations for the Making a Difference Award.

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TTLA, at the discretion of the Executive Committee, presents the Making a Difference Award to recognize and honor those clients whose cases demonstrate the critical role of the civil justice system in protecting the rights of Texas families. Any client (past or present) of a current TTLA member is eligible for this award. Click on the headline to learn more and download the nomination form.  

 

Laws/Cases

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VA Tech Asks Court to Cap Negligence Damages

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The families of two Virginia Tech shooting victims may have won an $8 million jury award in mid-March, but the chances that they recover anything close to that amount from the university are looking slim. Attorneys for the state have asked a judge to reduce that award to $100,000 each. The request is based on Virginia's damages cap law. The Tort Claims Act limits the state's wrongful death liability to either $100,000 per claimant, or the maximum of any applicable insurance policy -- whichever is greater.  Stephanie Rabiner, Esq. at FindLaw.com, Reuters  04/05/2012

Read Article: Reuters    

 

Victim's Parents Can Join Death Suit Against Ex-U.S. Beer Baron

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The parents of a woman who died of a drug overdose in the St. Louis mansion of August Busch IV will be allowed to join the wrongful-death lawsuit against the former beer baron, officials said on Wednesday. Busch, 47, had asked the Missouri Supreme Court to bar the parents of Adrienne Martin from participating in the case and in the proposed $1.5 million settlement he reached with Martin's ex-husband on behalf of the couple's son. But the state high court refused to intervene and let stand an appellate ruling that Martin's parents should have a role in the lawsuit and in any settlement negotiations. The ruling also raises the possibility that Martin's parents will be allowed to question Busch, who has never been deposed in the civil case.  Bruce Olson , Reuters , Yahoo News  04/05/2012

Read Article: Yahoo News    

 

Family of Miner Sues Former Massey Officials

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The mother and siblings of one of the 29 coal miners killed in the 2010 Massey Energy Co. mine accident sued former officials of the company Wednesday, alleging that their intentional actions precipitated the accident and caused emotional distress to the family members. The lawsuit filed by the relatives of Edward Dean Jones in Raleigh County Circuit Court in West Virginia names as defendants former Massey Chief Executive Don Blankenship, former Massey Chief Operating Officer Christopher Adkins and former Massey Vice President of Safety and Training Elizabeth Chamberlin, in addition to six other former company officials.  KRIS MAHER , Wall Street Journal - $$ Subscription Required  04/05/2012

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

 

Lawsuit: Oregon Soldiers Sickened in Iraq Were Misled by KBR

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A military contractor knew an Iraqi water treatment plant's lax environmental standards let a toxic chemical contaminate the area, but never disclosed it to Oregon National Guard soldiers who were sickened, the soldiers said in a complaint filed Wednesday. The complaint in U.S. District Court in Oregon alleges Kellogg, Brown and Root knew about the presence of sodium dichromate at the Qarmat Ali water treatment plant months before the date they originally gave in testimony and depositions.  Associated Press, Oregon Live  04/05/2012

Read Article: Oregon Live    

 

Nursing Home Whistleblowers Fired

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More than a month ago two nurse assistants at Bandera Road's Princeton Place nursing home started noticing problems. Last month both brought reports of abuse and neglect to the nursing home's administration. Within hours both were suspended for insubordination and eventually fired. The allegations are contained in a wrongful termination suit filed in Bexar County this week.  Staff, San Antonio Current  04/05/2012

Read Article: San Antonio Current    

 

Suit: Police Kept Money Given as Tip to Waitress

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A Minnesota waitress has filed a lawsuit against local police who have held money she was given as a waitress for 90 days without returning it to her. In her suit, the woman said a customer left the wad of cash in a take-out box at her table, and she turned it over to the police in case it belonged to someone. Ninety days later, however, no one has claimed it, and the plaintiff says the $12,000 should be returned to her, because it was given as a gift to help her through tough financial times.  Debra Cassens Weiss, American Bar Association Journal  04/05/2012

Read Article: American Bar Association Journal    

 

Inmate Severely Beaten By Guards, Suit Says

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A lawsuit has been filed against guards at the Macon State Prison in Georgia by an inmate who said he was brutally beaten by guards in 2010. According to the suit, a group of guards handcuffed the inmate and beat him so severely that he fell into a coma and is still trying to recover. The guards named in the suit were charged with aggravated battery by state investigators but were not indicted by a grand jury.  Wire Report, Atlanta Journal-Constitution  04/04/2012

Read Article: Atlanta Journal-Constitution    

 

Judge: Student Can Wear Pro-Gay Shirt For Now

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A federal judge in Ohio has temporarily allowed a local high school student to wear a pro-gay Jesus t-shirt until he reaches a final decision in a lawsuit the student filed against his high school. The student filed suit against the school after he was forced to remove the shirt under threat of discipline. The suit claims the school violated the student's First Amendment rights.  Lawrence Budd, Dayton Daily News  04/05/2012

Read Article: Dayton Daily News    

 

Class Action

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Suit Against McDonald's Happy Meals Dismissed

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A California judge has dismissed a class-action lawsuit against fast food giant McDonald's over the marketing of its Happy Meals. The suit claimed the company was "unfairly using toys to lure children into its restaurants" and contributing to childhood obesity rates. Court documents show the suit was dismissed Wednesday, but does not give any insight into the judge's legal reasoning.  Dan Levine and Lisa Baertlein, Reuters  04/04/2012

Read Article: Reuters    

 

Wrongful Death

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Lightning Strike Death Prompts Suit Against Employer

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The widow of a Pennsylvania man who was killed by a lightning strike while working on a construction project has filed a lawsuit against the companies he was working for. The lawsuit claims the men were pushed to finish their job working with concrete as lightning struck all around them and that supervisors should have instructed them to take cover for their own safety. The suit is seeking unspecified damages.  Jacqueline L. Urgo, Philadelphia Inquirer  04/05/2012

Read Article: Philadelphia Inquirer    


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