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January 25, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Counsel Financial

Upcoming Online CLE
26
Jan
TTLA Board of Directors Orientation
27
Jan
Jury Selection with Decision Data
3
Feb
Codes, Crackdowns, & Compliance: Coping with the ICD-10 transition and other evolutions in lien resolution and MSP compliance.
4
Feb
WHISTLEBLOWERS: An Overview of Federal Whistleblower Protections
5
Feb
Understanding Electronic Medical Records
17
Feb
Improve the Probability of Success in Law Firms - Marketing Efficiently, Cost-Effectively and Ethically
23
Feb
ERISA Long Term Disability (LTD) Overpayment Claims in the Wake of Montanile
24
Feb
Future Medicals in 2016 & the MSP Statute: When does a defendant's prepayment lead to a beneficiary's deductible?
Announcements

Trial Skills Seminar in New Orleans!
Kick off 2016 with a trip to New Orleans for camaraderie, networking and the Trial Skills Seminar! February 11-12 at the Bourbon Orleans Hotel in the French Quarter. The Seminar runs from 1PM Thurs through 4PM Fri. An outstanding Seminar program presented by speakers Russ Herman, Mike Gallagher, Richard Mithoff, Kevin Glasheen, Andy Vickery, Jim Mitchell, Andy Payne, and many more. Click on the headline to register.

TTLA PAC: Light a Match Today!
The TTLA PAC is excited to announce a major match challenge! This is a tremendous opportunity, but it will only happen if each of us join in the Light a Match campaign. With the March 1 primary elections less than two months away, we need you to strike the first match right now in order that our political support gets to key races as soon as possible. Click on the headline to learn more.

Texas Tribune Daily Brief

The Brief for Jan 25
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Jacob Sanchez and John Reynolds, Texas Tribune 01/25/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Lawsuit Accuses Chipotle of Covering Up Norovirus Breakout
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Chipotle is facing a lawsuit alleging that it attempted to cover up a norovirus breakout at a location in Simi Valley, California. The lawsuit filed in federal court Tuesday alleges that the restaurant chain attempted to cover up the norovirus breakout that led to at least 234 people getting sick. The lawsuit was filed on behalf of six Grace Bretheren School students and one parent who became ill after eating at the restaurant last summer. The lawsuit contends that one of the restaurant's cooks was ill and showed symptoms of the norovirus, but continued to work for two days before he was diagnosed by a doctor. The lawsuit is seeking a trial by jury and unspecified damages.
Ari Mason, NBCNewYork.com 01/22/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: NBCNewYork.com

Lawsuit Filed Over Fatal Uber Crash in Miami
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The mother of a man who was killed in a car crash while riding with an Uber driver in Miami, Florida has filed a lawsuit. The 20-year-old was using the ride-sharing service when the driver turned into oncoming traffic, causing the car to flip over and catch fire and trapping the victim inside. The lawsuit was filed Jan. 8 in Miami-Dade Circuit Court and names as defendants Uber and the two drivers involved in the collision. The lawsuit alleges that Uber should provide safeguards to prevent sleep-deprived drivers from getting behind the wheel.
Douglas Hanks, Miami Herald 01/12/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Miami Herald

Lawsuit Says Social Security Administration to Blame for Suicides
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A federal lawsuit has been filed alleging that the Social Security Administration's decision to end benefits for hundreds of people in Kentucky is directly to blame for two people killing themselves. According to the lawsuit, two individuals were deeply troubled after receiving news that they would no longer receive their disability benefits. Both of the individuals shot themselves and died in the days following the news. The lawsuit is connected to allegations of disability fraud involving one of the state's most prominent disability lawyers. The lawsuit says that the Social Security Administration "acted negligently, carelessly and recklessly in sending the suspension notices."
Bill Estep, Lexington Herald-Leader 01/21/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Lexington Herald-Leader

Family of Teen Killed While Holding Toy Gun Can Continue With Lawsuit
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A federal judge has ruled that the family of a California boy who was fatally shot by law enforcement while holding a toy gun can take their lawsuit before a jury. The 13-year-old boy was shot to death by a Sonoma County sheriff's deputy while he was holding a fake rifle. The county and sheriff's deputy were seeking the lawsuit's dismissal based on the claim that the deputy believed the toy was an AK-47 assault rifle. U.S. District Judge Phyllis Hamilton of Oakland recently ruled that there was no evidence to suggest that the teen pointed the gun at the deputy or made any aggressive movements before he was shot.
Bob Egelko, San Francisco Chronicle 01/20/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Francisco Chronicle

Jury Rules for $12M Award to Workers in Valley Fever Lawsuit
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Five construction workers from California have been awarded almost $12 million in damages from their lawsuit against the California Department of Transportation. The lawsuit alleged that Caltrans failed to warn the workers of the dangers of a fungus at the work sites. On Thursday, a Solano County jury ruled that Caltrans did know about the deadly fungus and failed to reveal the dangers to the plaintiffs. The construction workers were excavating and expanding a culvert in Kern County in 2008 when they were allegedly exposed to the fungus, which can cause a deadly respiratory disease known as valley fever.
Sarah Parvini, LA Times 01/22/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: LA Times

Texas Family Files Suit Over Bar Fight Death
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A lawsuit has been filed by the family of a man who was killed during a bar fight last year in Lubbock, Texas. The family alleges in their lawsuit that the man died as a result of the bar's negligence. The lawsuit was filed by the 32-year-old man's mother and two daughters. They allege in the lawsuit that the owner of Tejano's Club 97 "had a duty to warn Salazar of the dangers at the club and make it safe." Their lawsuit was filed on Wednesday in the 72nd District Court. The man was pronounced dead at a hospital one day after the bar fight in which he tumbled down a flight of stairs.
Gabriel Monte, Lubbock Avalanche Journal 01/21/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Lubbock Avalanche Journal

FSU Settling Lawsuit with Woman who Accused Winston of Rape
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Florida State University said Monday it's settling a lawsuit with a former student who said the school failed to respond when she accused former star quarterback Jameis Winston of rape.
Associated Press, Houston Chronicle 01/25/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Products

CDC: Listeria-Contaminated Salad from Dole Food Kills One
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The CDC said one person had died and 12 were hospitalized from a multi-state listeria outbreak linked to packaged salads produced by Dole Food in its facility in Springfield, Ohio. The CDC said it received reports of the listeria outbreak from Indiana, Massachusetts, Michigan, New Jersey, New York and Pennsylvania, starting July 5.
Reuters, Yahoo News 01/25/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News


Wrongful Death

Family of San Bernardino Shooting Victim Files $200M Lawsuit
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The family of one of the victims in a December shooting in San Bernardino, California has filed a lawsuit over the woman's death. The family of the woman who was killed has filed three claims with the county totaling about $200 million. The three lawsuits, each seeking $68 million, allege wrongful death, negligence, and that the county fostered a hostile work environment and failed to take corrective measures to prevent loss of life. The woman, who was one of 14 people killed in the Dec. 2 attack, was an environmental health specialist for the county.
Doug Saunders, San Bernardino Sun 01/22/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Bernardino Sun



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