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August 27, 2012

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Vermont Resort Settles Lawsuit with Lesbian Couple

Sandusky Victim 1 Files Third Suit Against Penn State

Suit: Woman Bitten in Face by Deputy's Dog

Arson Investigator Files Whistleblower Suit Against City

Appeals Court Lets Range Lawsuit Against Couple Continue

Jury Awards $1 Billion to Apple in Samsung Patent Case

The Growing Pains of the Eagle Ford Shale

Tighter Appellate Court Budgets May Clog Case Pipeline

Whistleblower Suit Against Omnicare Settled

Gender Discrimination Suit in NM Settled

Hospital to Pay Millions for Premature Birth Injuries

 

 

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Laws/Cases

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Vermont Resort Settles Lawsuit with Lesbian Couple

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A hotel resort in Vermont has agreed to settle a lawsuit filed by a lesbian couple over the hotel's refusal to host their wedding reception due to "personal feelings." State law prohibits public accommodations from denying services based on sexual orientation. As part of the settlement, the resort agreed to no longer host wedding receptions.  Ros Krasny, Chicago Tribune  08/23/2012

Read Article: Chicago Tribune    

 

Sandusky Victim 1 Files Third Suit Against Penn State

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Victim 1 of former Penn State assistant football coach Jerry Sandusky has filed a lawsuit against Penn State, accusing the university of deliberately concealing Sandusky's abuse. The victim said in his suit that Sandusky molested him multiple times when he was 13 or 14 years old, and that university officials knew Sandusky was dangerous, but covered up facts about him to protect the football program. This is the third lawsuit filed against the university by a victim of Sandusky.  Mary Slosson, Reuters  08/25/2012

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Suit: Woman Bitten in Face by Deputy's Dog

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A woman has filed a federal lawsuit against Travis County, Sheriff Greg Hamilton and a deputy saying the officer's dog bit her face and dragged her several feet during a training session with an area search-and-rescue group. Susan Roehm was permanently disfigured in the Feb. 20 incident while participating in exercises with members of Travis County Search and Rescue, an all-volunteer, first-responder group based in Austin, according to court records filed last week in the U.S. District Court for the Western District of Texas. Deputy James Moore did not inform her that the animal — a large Belgian Malinois — had been "bite-trained" to find and seize a suspect, and he did not know how to handle the canine in a situation in which "an unarmed and non-dangerous civilian was present," the lawsuit says. Roehm is seeking damages for injuries citing negligence and use of excessive force on the part of the owner, the records show.  Jazmine Ulloa, Austin American Statesman  08/27/2012

Read Article: Austin American Statesman    

 

Arson Investigator Files Whistleblower Suit Against City

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An arson investigator with the San Antonio Fire Department who was recently passed over for a lieutenant position has filed a whistleblower lawsuit against the city and his supervisor, seeking a court-ordered promotion and back pay. Stephen Torres filed a memo to his supervisors and sent reports to the Texas Rangers and the Texas Commission on Law Enforcement Officer Standards and Education in 2009 stating he believed two colleagues were breaking the law by keeping their law enforcement licenses after they left the department's arson unit.  Craig Kapitan, San Antonio Express News  08/27/2012

Read Article: San Antonio Express News    

 

Appeals Court Lets Range Lawsuit Against Couple Continue

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A lawsuit filed by Fort Worth-based Range Resources against Parker County landowners who accused it of contaminating their water wells can't be halted under a state law that bans litigation meant to stifle public protest, an appeals court said. The landowners, Steven and Shyla Lipsky, sued Range in June 2011 in state court after the Environmental Protection Agency issued an administrative order saying the gas driller was responsible for contaminating the wells with dangerous levels of methane and benzene, which can cause cancer. Range countersued, alleging in court papers that the couple and a consultant, Alisa Rich, conspired to persuade the EPA to intervene. The company is seeking $3 million in damages. The EPA eventually withdrew its order.  Tom Korosec, Bloomberg, Star Telegram  08/27/2012

Read Article: Star Telegram    

 

Jury Awards $1 Billion to Apple in Samsung Patent Case

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Apple won a decisive victory on Friday in a lawsuit against Samsung, a verdict that will give Apple ammunition in a far-flung patent war with its global competitors in the smartphone business. The nine jurors in the case returned a verdict after just three days of deliberations at a federal courthouse in San Jose, Calif. They found that Samsung infringed on a series of Apple’s patents on mobile devices, awarding Apple more than $1 billion in damages.  NICK WINGFIELD, The New York Times  08/27/2012

Read Article: The New York Times    

 

The Growing Pains of the Eagle Ford Shale

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The Eagle Ford Shale oil boom is changing S. TX the area is seeing growth like never before. Oil field workers and truck drivers are making huge profits, but the prosperity comes at a cost. According to an open records request from the Texas Dept of Transportation, there have been nearly 1,200 accidents involving 18-wheelers since 2011, and 25 deaths in the 19-county region of the Eagle Ford Shale exploration. One of those accidents involved 45-year-old Guadalupe Quintanilla, who was killed in a fiery crash two years ago. The family settled a multimillion dollar case against a trucking company responsible for the crash. The family's attorney said the trucking company responsible for the crash did not follow safety regulations.  Ryan Loyd , Texas Public Radio  08/27/2012

Read Article: Texas Public Radio    

 

Issues

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Tighter Appellate Court Budgets May Clog Case Pipeline

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State appellate courts and judicial branch agencies face the possibility of having to live with their already pared-down budgets for another two years, or they could sustain further cuts of up to 10%. In a June 4 memorandum, the Legislative Budget Board and the Governor's Office of Budget, Planning and Policy instructed state agencies to submit baseline appropriations requests for no more than they received for the current biennium. The memorandum also directed agencies to submit supplemental schedules detailing how they would reduce their budgets by an additional 10%.  Mary Alice Robbins, Texas Lawyer  08/27/2012

Read Article: Texas Lawyer    

 

Labor/Employment

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Whistleblower Suit Against Omnicare Settled

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Omnicare Inc. has agreed to settle a whistleblower lawsuit filed against the company over millions in illegal kickbacks to an Illinois nursing home family. The lawsuit alleged Omnicare gave roughly $16 million in kickbacks to the Esformes family to "secure long-term pharmacy contracts with nearly three dozen nursing homes." The terms of the settlement have not been released.  David Jackson and Gary Marx, Chicago Tribune  08/25/2012

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EEOC

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Gender Discrimination Suit in NM Settled

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Los Alamos County, New Mexico, has agreed to settle an $800,000 lawsuit with a former employee over a gender discrimination claim. The plaintiff, a former county administrator, said in 2010 her job was reduced to "organizing office parties and buying birthday cakes" by new management before being fired in early 2011. The woman took her case to the EEOC, who determined she had been discriminated against because of her gender.  Mark Oswald, Albuquerque Journal  08/24/2012

Read Article: Albuquerque Journal    

 

Malpractice

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Hospital to Pay Millions for Premature Birth Injuries

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A Staten Island family has been awarded about $77 million from a local hospital over injuries their 17-year-old daughter suffered at birth, which resulted in cerebral palsy. The lawsuit claimed doctors at the hospital failed to recognize the mother went into labor three months early and could have prevented the delivery.  Wire Report, San Francisco Chronicle  08/25/2012

Read Article: San Francisco Chronicle    


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