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  January 13, 2014

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Announcements


 

 

Best Kept Trial Secrets: What Happens in Vegas Stays in Vegas

February 20-21 at the Bellagio Hotel in Las Vegas. Don't gamble with your cases. 48 hours in Vegas can change your practice forever! Join some of TTLA's battle-tested veterans and emerging superstars in Las Vegas for a CLE experience that'll change your luck in the courtroom. Click on the headline to learn more.  

 

Laws/Cases


 

 

DOJ Attempts to Have Wrongful Death Suit Dismissed

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In an effort to dismiss a lawsuit filed over the death of a US Immigration and Customs Enforcement agent, the Department of Justice has cited a previously dismissed lawsuit over the torture and death of a Drug Enforcement Administration agent. The current lawsuit was filed after an ICE agent was murdered by drug cartel members in Mexico while following an order to travel a dangerous route. The lawsuit, filed by the agent's parents and a fellow agent, accuses the government and several other defendants of negligence and intentional infliction of emotional distress.
Mark Reagan, Brownsville Herald 01/12/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Brownsville Herald    

 

La. Couple Files Lawsuit Over Landfill Contamination

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A couple near Gonzales, La. have filed a lawsuit alleging that toxic waste migrated onto their property from a nearby landfill and has affected their health. The plaintiffs allege that they did not know about the contaminants until about four years after they purchased their property. One of the plaintiffs says she suffers from fibromyalgia and chronic fatigue in addition to a central nervous system disorder as a result of the contaminated water. Previous tests conducted by the Department of Environmental Quality and Chemtura officials showed that the contaminants had not reached as far as the couple's property.
David J. Mitchell, The Advocate 01/12/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Advocate    

 

Family of Girl Killed by Emergency Vehicles Sues City

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The parents of a Chinese girl who died after a San Francisco, Ca. plane crash have filed a lawsuit against the city. The girl was killed when she was run over by emergency vehicles in the aftermath of a plane crash on the runway. According to the lawsuit, firefighters assumed that the girl was dead and left her lying on the runway. She was run over by two separate emergency vehicles and an autopsy report revealed that the she was alive before being run over. The lawsuit alleges that rescuers "were reckless and poorly trained."
Wire Report, San Jose Mercury News 01/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Jose Mercury News    

 

With N.F.L. Concussion Deal, Two Tiers of Payouts

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Court settlements are by nature compromises, and compromises are often messy. The N.F.L. agreed last summer to pay $765 million for medical monitoring and potential payments to those with significant illnesses, but it wanted all 18,000 or so retired players, not just those who sued, to be included in the deal. By expanding the number of players who could benefit, the N.F.L. would help more former players. But anyone who agrees to the settlement will give up the right to sue the league, so the N.F.L. would also largely inoculate itself from further costly and embarrassing suits.
Ken Belson, The New York Times 01/13/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

BP Payments May Continue to Flow

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BP as argued for months in federal court and high-profile newspaper ads that the oil-spill settlement it signed in 2012 should be scrapped if what it believed to be fraudulent payments continued. But the company lost that option late Friday when the Fifth U.S. Circuit Court of Appeals upheld the existing framework for reviewing claims and disbursing funds. The ruling narrows BP's options for avoiding what it says are millions of dollars in payments to individuals and business not harmed by the 2010 oil spill in the Gulf of Mexico.
Tom Fowler, Wall Street Journal - $$ Subscription Required 01/13/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Issues


 

 

Neiman Marcus is Latest Victim of Security Breach

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Neiman Marcus confirmed Saturday that thieves stole some of its customers' payment card information and made unauthorized charges over the holiday season, becoming the second retailer in recent weeks to announce it had fallen victim to a cyber-security attack. Neiman Marcus didn't say whether the breach was related to the massive data theft at Target, but some security experts believe they could be part of the same scam. Nevertheless, the recent security breaches at two major retailers threaten to scare shoppers who worry about the safety of their personal data.
Associated Press, Houston Chronicle 01/13/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle    

 

Critics Say Chemical Spill Highlights Lax West Virginia Regulations

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Last week’s major chemical spill into West Virginia’s Elk River, which cut off water to more than 300,000 people, came in a state with a long and troubled history of regulating the coal and chemical companies that form the heart of its economy.Critics say the problems are widespread in a state where the coal and chemical industries, which drive much of West Virginia’s economy and are powerful forces in the state’s politics, have long pushed back against tight federal health, safety and environmental controls.
CORAL DAVENPORT and ASHLEY SOUTHALL, The New York Times 01/13/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Consumer Advocates Seek Details From Arbitration Firms

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When you buy a product, get a credit card, visit the doctor or start a new job, often you agree to binding arbitration if a dispute arises, giving up the right to a day in court. Once mainly for business squabbles, arbitration clauses have become ubiquitous in the fine print for all sorts of consumer transactions. Now consumer advocates and a California legislator are pressuring arbitration companies to provide more information about how often they side with consumers or corporations.
Carolyn Said, San Francisco Chronicle 01/13/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle    

 

Wrongful Death


 

 

Second Wrongful Death Suit Filed Over Construction Site Accident

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The wife and children of one of two construction workers who was killed at the Outer Loop project in Montgomery, Ala. have filed a wrongful death lawsuit. This is the second wrongful death lawsuit filed over the incident in which two construction workers fell 90 feet to their death after their lift collapsed. The lawsuit seeks a jury trial and compensatory and punitive damages and names the employer and the contractor hired by the state for the construction project as defendants.
Matt Okarmus, The Montgomery Advertiser 01/11/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Montgomery Advertiser    


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