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August 10, 2015 Like TTLA on Facebook Follow TTLA on Twitter

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Market-Based Solutions for Structured Settlement Claimants

Upcoming Online CLE
11
Aug
Emerging Mass Torts: Drug and Device Cases
13
Aug
Personal Injury Practice in 2020 - What you Need to Know to be Prepared for the Future
21
Aug
Masters in Trial®: A Trial Demonstration from Opening Statement through Jury Deliberation
24
Aug
Net Worth SB 735
25
Aug
Forum Non Conveniens HB 1692
26
Aug
Discovery in a Commercial Trucking Case
Announcements

Free Legislative Webinar RE: Net Worth (SB735), 8/24/15
August 24, Noon: TTLA President Bryan O. Blevins will discuss the changes to discovery of net worth of a party passed last session (1-hr CLE). Learn the impetus behind the bill and the story of the negotiations leading to the enacted version. Before the bill's effective date of September 1, 2015, He will take you through the legislative history of the bill ' from an outright ban on discovery of net worth to a new discovery procedure ' and share with you strategies for how to comply with this new area of discovery practice. Click on the headline to register.

Free Legislative Webinar RE: Forum Non Conveniens (HB 1692), 8/25/15
August 25, Noon: Join TTLA's Vice President for Communications Laura Tamez for a webinar (1-hr CLE) on the changes to the Forum Non Conveniens statute, Chapter 71 CPRC. Laura will discuss the In Re Ford case, which led to the filing of the bill and the negotiations which crafted the final language passed into law. Laura will discuss the changes to the safe harbor aspect of the statute and the changes to the definitions in the statute ' the elimination of the definition of 'legal resident' and the changes to the definition of 'plaintiff.' The changes to this statute are effective now, so if you have a case with FNC implications, you need to listen to this webinar. Click on the headline to register.

Texas Tribune Daily Brief

The Brief for Aug 10
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Polo Rocha, Texas Tribune 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Editorials/Columns/Letters

Editorial: A Jury's Duty
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Editors explore the importance of the jury system and raise concerns over the decline in the number of civil jury trials in both state and feral courts. Editors believe that the virtues of the jury system outweigh any problems. In a survey of federal and state trial judges in Texas, over 98 percent thought juries did "very well" or "moderately well" in reaching "fair and just" verdicts.
Editors, Houston Chronicle 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Issues

Colorado Spill Impact Widens
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Authorities scrambled to assess the impact of a toxic surge of wastewater from an abandoned gold mine in southwestern Colorado during a botched cleanup by the U.S. Environmental Protection Agency. Officials now estimate about three million gallons of wastewater spilled into the river from Gold King Mine north of Silverton, Colo., in the San Juan Mountains after an EPA cleanup crew accidentally breached a debris dam Wednesday morning. The sludge spilled into a creek and then filled the Animas River, flowing past the city of Durango and into New Mexico, emptying into the San Juan River over the weekend.
JACOB GERSHMAN, WSJ Blogs 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: WSJ Blogs


Laws/Cases

Polluted Land Owners in Ohio End Lawsuit Against Whirlpool
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A lawsuit against Whirlpool Corp. has been settled over contaminated land in northern Ohio near where dozens of children were sickened with cancer. The land owners settled their suit earlier this summer ' months after the children's families dropped their lawsuit against Whirlpool linking the company's washing machine plant with the cancer cluster. Terms of the settlement weren't released. The lawsuit had accused the company of dumping potentially cancer-causing waste from the plant at the site, which was once a company-owned park.
John Seewer, AP, Yahoo News 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News

Family Drops Lawsuit Over Runway Death in Asiana Crash
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The parents of a teenage girl run over and killed by emergency vehicles after an Asiana Airlines crash landing at the San Francisco airport dropped their lawsuit against the city on Friday. The parents' lawyers formally dismissed the lawsuit Friday in federal court. "The parties have reached a confidential settlement on mutually agreeable terms," said a lawyer representing the Chinese parents of Ye Meng Yuan, 16. Nelson declined to say if the family filed other lawsuits against the airline or Boeing, which manufactured the plane.
Associated Press, USA Today 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

$17 Million Jury Award Could Test Nebraska Tort Cap
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A federal jury has awarded a 2-year-old girl $17 million, finding that subpar care at a Bellevue hospital led to her severe disability. The verdict issued this week could test Nebraska's strict cap on medical malpractice awards.
Associated Press, Yahoo News 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News

NASCAR's Tony Stewart Faces Lawsuit After Fatally Striking Fellow Driver
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NASCAR driver Tony Stewart is facing a lawsuit filed by the family of fellow NASCAR driver Kevin Ward, Jr., who was struck and killed by Stewart during a sprint car race. The 20-year-old driver was struck by 44-year-old Stewart during the race that took place in upstate New York in August of last year. The lawsuit was filed by the family of the deceased driver in the 5th Judicial District for the Supreme Court of the State of New York in Lowville. According to the lawsuit, Ward was fatally struck by Stewart's car while he was standing on the race track. Last September, a grand jury cleared Stewart of wrongdoing in the incident.
Steve Ginsburg, Reuters 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Insurance

Car Insurers Don't Care if You Drive Well
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After analyzing more than 2 billion price quotes from more than 700 companies nationwide, Consumer Reports concluded that premiums are based more on the companies' own interpretation of your credit score than accident rates or even drunken driving. For example, single drivers in Florida with a clean record and poor credit paid $1,552 more on average than similar drivers with great credit who had been convicted of driving drunk.
Charisse Jones, USA Today 08/10/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Wrongful Death

Mich. Widow Settles Lawsuit Over Referee's Death
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A settlement has been reached in the wrongful death lawsuit over an incident where a soccer referee died after being punched in the face. The widow of the referee agreed to a confidential settlement in the lawsuit she filed against her husband's attacker and several others during a hearing on Friday. The referee sustained a fatal blow during a match in Livonia, Michigan when he was punched in the face by a player. The lawsuit, filed in Wayne County Circuit Court, sought $51 million and named as defendants the soccer player who punched the plaintiff's husband, the soccer team and its manager, and the Michigan United Soccer League.
Elisha Anderson, Detroit Free Press 08/07/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Detroit Free Press



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