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February 25, 2015 Like TTLA on Facebook Follow TTLA on Twitter

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Counsel Financial

Upcoming Online CLE
25
Feb
How To Build Up Your Damages
26
Feb
Litigating Long Term Disability Insurance â?? ERISA Claims
27
Feb
Legislative Update
3
Mar
List Server Tools and Tips Webinar
12
Mar
Anthem Data Breach Class Action Litigation
13
Mar
Legislative Update
17
Mar
Road Design and Operations in Tort Liability
19
Mar
Building Your "Crash Team"
Announcements

Houston: TTLA Car Wrecks CLE Seminar, March 5, 2015
Earn up to 7.25 hours MCLE credit including 1.0 hr ethics credit. Happy Hour following Hosted by the TTLA Advocates Board. TTLA's Car Wrecks Seminar is the must-attend program for practitioners of all experience levels. The 2015 CLE Seminar features practical, in-depth tips and strategies presented by a stellar faculty covering real-world topics to help you WIN YOUR CASES. Come away with the tools you need to compete in the courtroom! Program highlights: Jury Charge; Power Demand Letter; In-House Focus Groups; Nuts and Bolts of a Routine Car Wreck Case--10 Things I Wish I Knew; and more! Click on the headline to learn more!

Introducing TTLA by Text
A new opt-in member service to get up-to-the minute legislative news to you via text messaging to your cell phone. Texts will be limited to legislative issues. We'll let you know when important hearings or testimony are beginning, what's happening with bills of interest, and we'll provide links to video clips of relevant hearing testimony. Click on the headline to opt-in. If you have questions regarding the service, contact Mona Fults (mfults@ttla.com).

Texas Tribune Daily Brief

The Brief for Feb 25
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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 02/25/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

States Are Blocking Local Regulations, Often at Industryâ??s Behest
So-called pre-emption laws, passed in states across the country, have barred cities from regulating landlords, building municipal broadband systems and raising the minimum wage. In the last two years, eight Republican-dominated states have prevented cities from enacting paid sick leave for workers. At least five states have pre-empted local regulation of e-cigarettes. And in New Mexico, the restaurant industry supports a modest increase to the minimum wage only if the state stops cities from mandating higher minimums. Often these efforts are driven by industry, said Mark Pertschuk, the director of Grassroots Change, which opposes the pre-emption of public health measures. The strategy was pioneered by tobacco companies 30 years ago to override local smoking bans. It was perfected by the NRA, which has succeeded in preventing local gun regulations in almost every state.
SHAILA DEWAN, The New York Times 02/25/2015 Facebook iconTwitter iconLinkedIn icon
Read Article: The New York Times


Laws/Cases

US High Court: Fish Are Not â??Tangible Objectsâ??
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Fish arenâ??t â??tangible objects,â?? the U.S. Supreme Court has concluded. In a ruling handed down Wednesday, a divided high court said federal prosecutors were wrong to apply the Sarbanes-Oxley corporate governance law to a commercial-fisherman accused of destroying evidence that he harvested undersized fish. Yes, fish literally are tangible objects. But when Congress made it a crime to knowingly destroy or cover up â??any record, document or tangible objectâ?? with the intent to obstruct an investigation,â?? it didnâ??t intend for the law to apply to aquatic creatures, the court said. The court held that a â??tangible objectâ?? as applied to the law â??is one used to record or preserve information.â??
JACOB GERSHMAN, WSJ Blogs 02/25/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: WSJ Blogs

Apple Ordered to Pay $533M for Patent Infringement
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Apple Inc has been ordered to pay $533 million in a patent infringement lawsuit filed by patent licensing firm Smartflash LLC. According to the lawsuit, Apple willfully infringed upon three patents held by Smartflash related to accessing and storing downloaded songs, videos and games. The lawsuit alleged that Apple's iTunes software infringed upon the plaintiff's already existing patents. The plaintiffs originally sought $852 million in the lawsuit. Apple says it plans to appeal the decision.
Andrew Chung, Reuters 02/25/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Class Action

Suit Says Purina's Beneful Dog Food is Killing Pets
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A class action lawsuit has been filed accusing Purina of killing pets with its Beneful brand dog food. The lawsuit was filed February 5 in federal court in California and alleges that several lines of the Beneful "kibble" dry food are causing serious illnesses in dogs. According to the lawsuit, over 3,000 dog owners have filed online complaints citing stomach and related internal bleeding, liver malfunction or failure, vomiting, diarrhea, dehydration, weight loss, seizures, bloat and kidney failure in their pets. The lawsuit seeks actual, statutory and punitive damages for all members of the class.
John Matarese, Pat LaFleur, The Denver Channel 02/24/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Denver Channel


Wrongful Death

Son of Man Killed by Austin Police Files Lawsuit
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A lawsuit has been filed against the city of Austin by the son of a man who was shot and killed by police two years ago. The 70-year-old man was killed by police after he called 911 to report that he had shot a pit bull that tried to attack him in his yard. When police arrived at the man's home, he still had the weapon in hand. According to police reports, the man disregarded orders to put away the weapon and was shot after pointing the gun at an officer. The lawsuit contends that the officers attempted to "improperly disarm" the plaintiff's father. The plaintiff is seeking unspecified monetary damages from the city.
Tony Plohetski, KVUE-TV 02/24/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: KVUE-TV



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