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Texas Trial Lawyers Association


This service sponsored by Trialsmith

  January 5, 2015

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Upcoming Online CLE

13
Jan

Mass Action Options for Class Action Lawyers

14
Jan

TTLA Board Orientation

15
Jan

Handling Your Client’s Social Security Disability Claim

20
Jan

Preparing to Cross-Examine the Defense Collision Reconstructionist

22
Jan

Medical Device Mass Tort Update: Inferior Vena Cava (IVC) Filters

27
Jan

Veterans Benefits and the Disability Compensation Process

28
Jan

Forensic Toxicology and Service of Alcohol

Texas Tribune Daily Brief


 

 

The Brief for Jan 5

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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 01/05/2015   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

Texas Doctors Rarely Charged in Prescription Abuse

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Many Texas doctors who violate prescription drug laws have little to fear from prosecutors, even when their patients die of an overdose. Despite a 2010 law to crack down on illegal prescribing, criminal charges were filed against fewer than a third of the 83 doctors punished by the Texas Medical Board in the past three years for drug law violations involving two or more patients, an American-Statesman investigation has found. Some doctors with a history of prescribing violations ultimately give up their license to avoid further scrutiny and freely move on or retire. Still others remain in practice.
MARY ANN ROSER, Austin American Statesman, Star Telegram 01/05/2015   Facebook iconTwitter iconLinkedIn Icon

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Scrutiny on Worker Non-Compete Deals

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Non-competition agreements are better known in contracts for senior executives who have business secrets of interest to competitors. However, court records show the restrictions have also snared maids in Chicago, a nail stylist in Texas, cable TV installers in Michigan and agricultural workers in Washington. The agreements for low-wage workers might trap them in their current jobs, allowing their employers to pay them lower salaries, experts said. Researchers say there's evidence non-competes limit pay for executives, and the same trend could hold for the rank-and-file.
Associated Press, The New York Times 01/05/2015   Facebook iconTwitter iconLinkedIn Icon

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Laws/Cases


 

 

Facebook to Face Lawsuit Over Scanning Messages

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A U.S. District Judge has ruled that Facebook must face a class action lawsuit accusing it of violating users' privacy by scanning personal messages for advertising purposes. The California judge dismissed some state-law claims against Facebook, but it denied the social media company's request to dismiss the lawsuit. The lawsuit alleged that Facebook's scanning of private messages violated federal and California state law. Facebook stopped the practice in Oct. 2012 but continues to perform some analysis of messages to protect against viruses and spam, according to the ruling on Tuesday.
Nate Raymond, Reuters 12/24/2014   Facebook iconTwitter iconLinkedIn Icon

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Lawsuit over Explosion Death to Be Heard in N.J.

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A lawsuit over the death of a New Jersey woman in a natural gas explosion earlier this year will be heard in court, according to court papers. The lawsuit was filed by the family of the woman who alleges that the companies who were digging in Ewing "directly caused the natural gas explosion by failing to mark the gas line that they eventually struck or notifying emergency authorities and evacuating the area after noticing the gas leak." The case was dismissed by a judge who agreed with the defendant that the case should not be heard in Pennsylvania. Based on recent court filings, the case will now be heard in New Jersey.
Mike Davis, NJ.com 12/29/2014   Facebook iconTwitter iconLinkedIn Icon

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Bowie State Student Files Lawsuit Over Hazing

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A student from Bowie State University in Maryland has filed a lawsuit alleging that he was beaten and hazed while pledging for a fraternity. The lawsuit was filed on Monday in Prince George's County Circuit Court and names the fraternity Alpha Phi Alpha as defendant. According to the lawsuit, several members of the fraternity punched, hit, slapped, body slammed and paddled the plaintiff while he was pledging in the fall of 2013. The lawsuit alleges battery/hazing, false imprisonment and gross negligence on the part of the fraternity.
Staff Report, USA Today 12/30/2014   Facebook iconTwitter iconLinkedIn Icon

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Former Assisted Living CEO Challenges U.S. SEC Over Court Venue

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The former CEO of an assisted living services provider has filed a lawsuit against U.S. securities regulators, saying they are violating her right to a jury trial. In her complaint, filed late on Friday, Assisted Living Concepts Inc former Chief Executive Laurie Bebo alleges that the Securities and Exchange Commission, by filing charges against her in its in-house court instead of a federal court, chose a legal venue that greatly disadvantages her defense and gives her little time to review 1.5 million pages of investigative files.
SARAH N. LYNCH, Reuters 01/05/2015   Facebook iconTwitter iconLinkedIn Icon

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Class Action


 

 

Uber Named in Class-Action Lawsuit By Passengers

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A class-action lawsuit has been filed against ride-sharing service Uber alleging that it tacked on unnecessary fees. According to the lawsuit filed Tuesday in federal court in San Francisco, passengers were forced to pay useless fees, such as the $1 "Safe Rides Fee." This is the third lawsuit in the last month filed against Uber by its passengers. A similar lawsuit was recently filed over a $4 fee charged to passengers on the way to the San Francisco International Airport, which the driver then pocketed. The $1 "Safe Rides Fee" named in the most recent class-action lawsuit was added "to help pay for its safety program — driver training, background checks and vehicle inspections."
Staff Report, Forbes 12/27/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Forbes    


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