| 
| | | 
| Announcements |
|
|
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! |
Why I'm a member of TTLA... |
| 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. |
| 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 |
|
|
Police Assaulted Paralyzed Man, Suit Says |
| A Chicago man who is paralyzed from the waist down has filed a lawsuit against two Chicago police officers who allegedly assaulted him at a local doughnut shop. In his suit, the man says the officers forced him out of the shop and punched him in the face, knocking him from his wheelchair. The man suffered injuries that required he be sent to a local hospital. The lawsuit is seeking damages for "wanton and willful conduct and false arrest." Andy Grimm, Chicago Tribune 04/24/2012 | Read Article: Chicago Tribune |
Couple Smeared Online Win Lawsuit |
| First, a woman accused Mark and Rhonda Lesher and one of their employees of raping her. Then, the same woman and her husband, along with two of their employees, instigated an online smear campaign designed to ruin the Leshers' reputations, according to two juries. On Friday, three years after a Collin County jury acquitted the Leshers and their employee of aggravated sexual assault, a Tarrant County jury awarded the couple $13.78 million in a libel judgment. The ruling sends the message that people have the freedom to write what they please online, but they can be held accountable. Mitch Mitchell, Star Telegram 04/25/2012 | Read Article: Star Telegram |
Feds Make First Arrest in BP Oil Spill |
| Federal prosecutors brought the first criminal charges Tuesday in the Gulf oil spill, accusing a former BP engineer of deleting more than 300 text messages that indicated the blown-out well was spewing far more crude than the company was telling the public at the time. Two years and four days after the drilling-rig explosion that set off the worst offshore oil spill in U.S. history, Kurt Mix, 50, of Katy, Texas, was arrested and charged with two counts of obstruction of justice for allegedly destroying evidence. Associated Press, The Washington Post 04/25/2012 | Read Article: The Washington Post |
Suit: Boy Abused in 1980s by Chicago Priest |
| An Illinois man has filed a lawsuit against the Archdiocese of Chicago and a local Catholic church, claiming he was sexually molested by a priest in the 1980s. The suit claims the priest lured him and other young boys into his office and abused them, and that local church leaders were aware of his actions and did nothing to prevent or stop them. The archdiocese settled similar lawsuits in 2005 filed against a group of local priests. Andy Grimm, Chicago Tribune 04/25/2012 | Read Article: Chicago Tribune |
31 Former Players File Lawsuit in Houston Against NFL |
| Thirty-one former NFL players, including Pro Football Hall of Fame members Bob Lilly, Randy White and Rayfield Wright and several other former Dallas Cowboys and Southwest Conference players, filed suit against the NFL on Tuesday in Houston, accusing the league of concealing the links between concussions and permanent brain injury. Former players named in the lawsuit suffer from issues ranging from short-term memory loss to dementia that requires constant medical care according to the lawsuit filed in U.S. District Court in Houston. David Barron, Houston Chronicle 04/25/2012 | Read Article: Houston Chronicle |
Issues |
|
|
Feds Target Arbitration Clauses in Consumer Contracts |
| The Consumer Financial Protection Bureau has set its sights on mandatory arbitration clauses in consumer financial products. The agency announced April 24 it is launching a public inquiry into how consumers and companies are affected by using arbitration to resolve disputes. "Arbitration clauses are found in many contracts for consumer financial products," said CFPB Director Richard Cordray in a news release. "We want to learn how arbitration clauses affect consumers, and how effective arbitration is in resolving consumers' issues. This inquiry will help the bureau assess whether rules are needed to protect consumers." Jenna Greene, The National Law Journal - $$ Subscription Required 04/25/2012 | Read Article: The National Law Journal - $$ Subscription Required($) |
Healthcare |
|
|
Debt Collector Is Faulted for Tough Tactics in Hospitals |
| Hospital patients waiting in an emergency room or convalescing after surgery are being confronted by an unexpected visitor: a debt collector at bedside. This and other aggressive tactics by one of the nation’s largest collectors of medical debts, Accretive Health, were revealed on Tuesday by the Minnesota attorney general, raising concerns that such practices have become common at hospitals across the country. JESSICA SILVER-GREENBERG, The New York Times 04/25/2012 | Read Article: The New York Times |
TEXAS LAWYER CASE SUMMARIES |
|
|
Texarkana Court of Appeals: Health Law |
| In this health care liability case, the defendant health care providers appeal the trial court's order denying their motion to dismiss the plaintiff's health care claims based on claimed deficiencies in two expert reports. An expert report must provide a fair summary of the expert's opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm or damages claimed. The trial court's judgment is reversed and remanded in part and affirmed in part. McKellar v. Cervantes, Texarkana Court of Appeals, No. 06-11-00120-CV, 04-18-2012. , Texas Lawyer Opinions (TTLA Members Only) 04/25/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Texas Supreme Court: Employment Law |
| In this alleged wrongful termination case, the court of appeals' correctly concluded that a Sabine Pilot cause of action sounds in tort and allows punitive damages upon proper proof. However, because the plaintiff failed to present legally sufficient evidence of malice relating to his firing, the court of appeals' judgment is reversed insofar as it affirms the award of exemplary damages. Safeshred Inc. v. Martinez, Texas Supreme Court, No. 10-0426, 04-20-2012. , Texas Lawyer Opinions (TTLA Members Only) 04/25/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Texas Supreme Court: Torts |
| Maria Salinas contends that the court of appeals affirmed a judgment against her based on an alleged defamatory statement that the jury concluded had caused no harm to the plaintiff. Even if some mental anguish can be presumed in cases of defamation per se, and even if the statement was defamatory per se, the law does not presume any particular amount of damages beyond nominal damages. The court of appeals' judgment is reversed and remanded. Salinas v. Salinas, Texas Supreme Court, No. 11-0131, 04-20-2012. , Texas Lawyer Opinions (TTLA Members Only) 04/25/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
|
|
| |
| Published by TRIALSMITH, Litigation Tools for Trial Lawyers
5113 Southwest Parkway, Suite 285, Austin, TX 78735
You received this email because you are subscribed to this service from your trial lawyers association.
• Unsubscribe • Search National Litigation Bank • 800-443-1757 |
|