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| Announcements |
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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop |
| 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. |
| 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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Girl Strip-Searched on Cruise Ship, Suit States |
| A Florida teenager has filed a lawsuit against Carnival cruise lines, claiming she was strip-searched by ship employees and kicked off the boat with her mother in the Bahamas. The suit claims ship officials accused the girl of having drugs on the boat, and forced her to strip down in her room while it was searched without her mother present. The girl and her mother were removed from the ship in the Bahamas, and she was kept in a holding cell overnight by local police. The lawsuit is seeking more than $75,000 in damages. Hannah Sampson, Orlando Sentinel 04/06/2012 | Read Article: Orlando Sentinel |
Fla. Court Rejects $79.2M Smoker Death Verdict |
| A Florida appellate court has rejected a $79.2 million verdict against R.J. Reynolds Tobacco Co. for a smoker's cancer death. Monday's ruling in Tallahassee came in one of the thousands of smoker lawsuits against tobacco companies. A three-judge panel of the 1st District Court of Appeal ruled the verdict was excessive. It instructed a Levy County trial judge to reduce the award or hold a new trial on damages. Associated Press, Miami Herald 04/10/2012 | Read Article: Miami Herald |
Issues |
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Abuse Complaints at State Hospitals to Get More Scrutiny |
| Nearly six months after accusing one of its former doctors of harming patients at the Austin State Hospital, the state is adding another layer of scrutiny to abuse allegations at its public mental health hospitals. The Health and Human Services Commission's Office of Inspector General will now investigate allegations of sexual and serious physical abuse at all 10 of the state's psychiatric hospitals, said commission spokeswoman Stephanie Goodman. The office will help develop criminal cases against suspected abusers — something that is missing from the state's current investigation process. Andrea Ball and Eric Dexheimer, Austin American Statesman 04/10/2012 | Read Article: Austin American Statesman |
Labor/Employment |
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Home Depot Illegally Fired Veteran, Suit Claims |
| A lawsuit has been filed against Home Depot over the alleged illegal firing of an Iraq war veteran at a Flagstaff, Ariz., store. The plaintiff claims in his suit that he was fired from his job when he took a leave of absence to "fulfill his military obligations with the National Guard." The suit demands the plaintiff be hired back to his previous position and be compensated for lost wages and benefits. Staff Report, Arizona Daily Sun 04/09/2012 | Read Article: Arizona Daily Sun |
Workplace Pregnancy Discrimination Cases on the Rise |
| Nationwide in fiscal 2011, women filed 5,797 complaints with the EEOC alleging pregnancy discrimination at work or in hiring, a 23 percent increase from fiscal 2005. Pregnancy discrimination affects local women from varied professional backgrounds and fields 34 years after a federal law outlawed it. Yet hundreds of women, many in low-paying jobs, see their paychecks disappear right after they tell their bosses of their pregnancies. Their stories recently were highlighted at an EEOC hearing on pregnancy discrimination. Vickie Elmer, The Washington Post 04/10/2012 | Read Article: The Washington Post |
TEXAS LAWYER CASE SUMMARIES |
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Tyler Court of Appeals: Torts |
| In this dispute between former business partners, the trial court awarded the plaintiffs more than $1 million in damages. Inadequate briefing results in waiver of the complaint. The trial court's award of exemplary damages is affirmed with a suggestion of remittitur and the case is remanded to the trial court for review of its forfeiture award. Swinnea v. ERI Consulting Engineers Inc., Tyler Court of Appeals, No. 12-05-00428-CV, 03-30-2012. , Texas Lawyer Opinions (TTLA Members Only) 04/10/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Houston's 1st Court of Appeals: Torts |
| This case is on remand. The claims in this case arise from an automobile accident involving an employee of G&H Towing Co. The trial court granted summary judgment for G&H. There is no legal duty on an employer to investigate the driving record of an employee who holds a valid driver's license when there is no evidence that the employer has additional information calling into question that employee's driving ability. The trial court's summary judgment is affirmed. Magee v. G&H Towing Co., Houston's 1st Court of Appeals, No. 01-07-00572-CV, 03-29-2012. , Texas Lawyer Opinions (TTLA Members Only) 04/10/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Studies/Reports |
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Study Links Dental X-Rays to Brain Tumor Risk |
| A study published Tuesday in the American Cancer Society journal Cancer reported a link between certain kinds of dental X-rays and the most common brain tumor, one that is almost always benign but can still be debilitating. The study found at a general level that people with meningioma were more than twice as likely as people without the brain tumor to have had a bitewing X-ray sometime in their life. For a bitewing X-ray, the patient holds the film in place by biting down on a tab. Jennifer LaRue Huget (blog) , The Washington Post 04/10/2012 | Read Article: The Washington Post |
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