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April 23, 2012

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Titan Trucks Recalled Over Seating Capacity Error

Naval Academy Hit with Suit Over Sexual Assaults

Louisiana Citizens Property Insurance Wins Court Order Preventing Seizure of Assets

Easterling's Death Will Impact Concussion Lawsuit

Judge Awards Owner of Deceased Dog $65,000 for Emotional Distress

Bank of America Accord in Lawsuit Is Challenged

Suit Over AZ Immigration Law Before Supreme Court

Md. Becomes First to OK Password Protection Bill

Ruling: Torture Suits Cannot be Filed Against Groups

Wrongful Death Suit Filed Over School Bus Accident

Fatal Crash Involving Bread Truck Spurs Lawsuit

 

 

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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!  

 

Why I'm a member of TTLA...

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The TTLA Communications Team, working with the Membership Department, has launched a new page on ttla.com with member testimonial videos on the value of being a TTLA member. In addition to this new web page, these videos will be used for member recruitment in the coming weeks and months. Click on the headline to access the testimonial page.  

 

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.  

 

Products

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Titan Trucks Recalled Over Seating Capacity Error

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Nissan Motor Co. has issued a recall of more than 920 Titan trucks due to a labeling error regarding seating capacity. The company said the label error could lead to owners overloading the vehicles, increasing the risk of a crash.  Jonathan Welsh, WSJ Blogs  04/22/2012

Read Article: WSJ Blogs    

 

Laws/Cases

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Naval Academy Hit with Suit Over Sexual Assaults

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A lawsuit has been filed against officials at the Naval Academy by a woman who was allegedly raped multiple times by fellow midshipmen during her time at the school. The plaintiff claims in the suit that when she reported the assaults to a school counselor, "the academy forced her to drop out." The suit accuses academy officials of down-playing sexual attacks and "discouraging victims of attacks from reporting them."  Matthew Hay Brown, Baltimore Sun  04/20/2012

Read Article: Baltimore Sun    

 

Louisiana Citizens Property Insurance Wins Court Order Preventing Seizure of Assets

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Officials of the Louisiana Citizens Property Insurance Corp. said Friday they have won a temporary court order that prevents $105 million of their assets from being seized to pay policyholders who allege the company was late in adjusting their claims after Hurricanes Katrina and Rita in 2005. Richard Robertson, Citizens chief executive officer, confirmed that 19th Judicial District Court Judge Tim Kelly signed a temporary order late Thursday that will keep the money in Citizens bank account a while longer. Citizens has battled against paying the claims for years, alleging that Jefferson Parish District Court Judge Henry Sullivan granted a judgment to the members of a class action, entitled entitled Geraldine Oubre et al. vs. Louisiana Citizens Fair Plan, without giving Citizens a proper hearing and due process.  Ed Anderson, New Orleans Times-Picayune  04/23/2012

Read Article: New Orleans Times-Picayune    

 

Easterling's Death Will Impact Concussion Lawsuit

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Former Atlanta Falcons safety Ray Easterling was the lead plaintiff in the first of a wave of concussion-related suits against the NFL. His death will change the nature of the suit on his behalf. Easterling, 62, who played with the Falcons in the 1970s, was found dead from a self-inflicted gunshot wound in his Richmond, Va., home last Thursday. Sixty-one concussion-related suits have now been filed by more than 1,260 players. Easterling's suit alleged the players suffered long-term damage from concussions due to the league's "carelessness, negligence, intentional misconduct, and concealment of information."  Gary Mihoces, USA Today  04/23/2012

Read Article: USA Today    

 

Judge Awards Owner of Deceased Dog $65,000 for Emotional Distress

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Any pet lover will tell you that dogs are more than just property. Now, courts are starting to see it that way too. In a precedent-setting case, a Colorado judge awarded a Denver woman $65,000 for the death of her 18-month old dog Ruthie, who was struck by a car after a cleaning service accidentally let her out. The cleaners left the dying dog under the dining room table. The dog's owner, Robin Lohre, sued the company, Posh Maids, in Denver County District Court, alleging negligence and emotional distress. She said she specifically told the cleaners not to let Ruthie out, and to use the back door so the dog couldn't escape.  Jenna Greene, The National Law Journal - $$ Subscription Required  04/23/2012

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

 

Bank of America Accord in Lawsuit Is Challenged

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Lawyers leading a class-action lawsuit in federal court in Manhattan against the directors of Bank of America over its purchase of Merrill Lynch have agreed to settle the matter for $20 million even though damages in the case could reach $5 billion, according to plaintiffs in a parallel suit against the bank’s board in Delaware. Calling the settlement grossly inadequate and the result of collusion, the lawyers in the Delaware case have asked P. Kevin Castel, the judge overseeing the New York matter, to order the parties agreeing to the deal to justify its terms.  GRETCHEN MORGENSON, The New York Times  04/23/2012

Read Article: The New York Times    

 

Suit Over AZ Immigration Law Before Supreme Court

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The lawsuit over Arizona's "tough crackdown" on illegal immigrants will appear before the Supreme Court this week, the Los Angeles Times reports. In the suit, the Obama Administration will be forced to convince the justices that the state's law interferes with the government's "control over immigration policy." If the court sides with the state, police officers in Arizona will have the right to question the citizenship of anyone during lawful stops.  David G. Savage, LA Times  04/21/2012

Read Article: LA Times    

 

Issues

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Md. Becomes First to OK Password Protection Bill

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Maryland is poised to become the first state to ban employers from demanding applicants or workers hand over their log-in information for social media sites such as Facebook. The measure, which handily passed the legislature earlier this month, keeps managers from snooping on password-protected content, a practice that advocates of the bill say violates privacy and intimidates job seekers and employees.  Sarah Breitenbach, AP, Austin American Statesman  04/23/2012

Read Article: Austin American Statesman    

 

Ruling: Torture Suits Cannot be Filed Against Groups

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The Supreme Court has issued a ruling that civil lawsuits over torture and killings may not be filed against organizations under the 1991 Torture Victim Protection Act. In the unanimous ruling, Justice Sonia Sotomayor wrote that the law allows suits against individuals, not groups. The ruling stemmed from a suit over the torture and death of an American citizen by the Palestinian Authority and the Palestine Liberation Organization.  Adam Liptak, The New York Times  04/18/2012

Read Article: The New York Times    

 

Wrongful Death

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Wrongful Death Suit Filed Over School Bus Accident

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A Philadelphia mother and father have filed a lawsuit against trucking, school bus and multiple construction companies over the death of their 11-year-old daughter in a traffic collision. In February, an overweight dump truck with inadequate brakes collided with the girl’s school bus, which had failed to yield at an intersection.  David Levinsky and Danielle Camilli , PhillyBurbs.com  04/22/2012

Read Article: PhillyBurbs.com    

 

Fatal Crash Involving Bread Truck Spurs Lawsuit

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A wrongful death lawsuit has been filed against a baking company and its subsidiaries after a company truck crashed into a Utah couple's car in 2010, killing them both. The suit, which names Bimbo Bakeries USA, Sara Lee Corporation, Metz Baking Company and the truck's driver as defendants, says the truck crashed into the car, which was pulled onto the shoulder with its hazard lights on. The lawsuit is seeking $300,000 in damages.  Jessica Miller, The Salt Lake Tribune  04/20/2012

Read Article: The Salt Lake Tribune    


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