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January 30, 2017

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Market-Based Solutions for Structured Settlement Claimants

Upcoming Online CLE
3
Feb
TTLA Legislative Update Webinar (Sponsored by Rebekah Reedy Miller Settlement Partners)
8
Feb
Using Rules of the Road to Take an Effective Rule 30(b)(6) Deposition
9
Feb
Jury Selection in a Medical Malpractice Case
21
Feb
Standards for Shoring-Up Ditches: Find the Liability on Construction Cases
22
Feb
On the Road to Risk Free Litigation
23
Feb
Millennials in Litigation
Announcements

Registration is OPEN for the Houston Car Wrecks Seminar Thursday, March 2
TTLA's Car Wrecks Seminar (Houston) is the must-attend program for practitioners of all experience levels. This essential program provides relevant topics presented by your TTLA colleagues. Come away with the tools you need to compete in the courtroom! Happy Hour to follow hosted by the TTLA Advocates Board. Click on the headline to learn more!

Please Participate in the UM/UIM Survey
For the second year, TTLA is conducting a brief survey to learn more about your experiences with UM/UIM cases, even if you haven't taken any to trial. As a trial lawyer in the trenches, your insight is extremely important. Click on the headline to take the 2016 survey.

Have you registered for TTLA PMD Seminar, Feb. 10 in Austin?
The 2017 faculty features some of the most seasoned and talented mass tort attorneys in the country, providing information you cannot get anywhere else and a program structured to maximize the flow of up-to-the-minute information in an interactive setting. Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for Jan 30
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CASSANDRA POLLOCK AND BOBBY BLANCHARD, Texas Tribune 01/30/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

$1.1M Lawsuit Filed Over Sexual Abuse at Boys & Girls Club
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A $1.1 million lawsuit was filed this week alleging that a 13-year-old male volunteer for a Portland Boys & Girls Club program molested a 10-year-old girl. The complaint states that the boy was caught sexually abusing the girl on a school surveillance camera at Russell Elementary in the Parkrose School District of Portland. The abuse was revealed after the young girl told her attacker's sister what had happened. The lawsuit was filed Tuesday in Multnomah County Circuit Court and the Boys & Girls Club of Metropolitan Portland has declined to comment as the organization had not yet received the lawsuit.
Aimee Green, The Oregonian 01/25/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Oregonian

Lawsuit Alleges Even More Rapes by Baylor Football Players
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A federal lawsuit filed against Baylor University on Friday claims 31 football players at the school committed 52 acts of rape from 2011 to 2014, which is far more than had been previously disclosed by university officials.
MATTHEW WATKINS, Texas Tribune 01/30/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune

Lockheed Martin Owes $50M For Age Discrimination: Jury
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A New Jersey federal jury on Thursday awarded a former Lockheed Martin engineer $50 million in punitive damages over his claims that he was fired because of age discrimination. The damages were added to the $520,000 in compensatory damages the jury had awarded earlier in the day to Robert Braden, a former senior project specialist in Lockheed's Maritime Systems and Sensors unit in Moorestown, New Jersey.
Cara Salvatore, Law360 ($) 01/30/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

9th Circ. Backs Millennium In $8.7M False Ad Coverage Suit
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The Ninth Circuit on Friday affirmed a lower court's judgment that Darwin Select Insurance Co. breached its duty to defend Millennium Laboratories Inc. against two rivals' false advertising claims, but narrowed the scope of Darwin's defense obligation in one case. A California federal judge determined in 2014 that the insurer breached its duty to defend the medication-monitoring company against claims by rivals Ameritox Ltd. and Calloway Laboratories Inc.
Jeff Sistrunk, Law360 ($) 01/30/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Fencing Covered Under Liberty Policy, Texas Justices Say
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The Texas Supreme Court on Friday delivered a win to homeowners in a battle against their insurance company, ruling that their extensive fencing was subject to higher coverage limits for hurricane damage than Liberty Mutual wanted to pay. At least some of Elie and Rhonda Nassar's 4,000 feet of fencing, covering some 6 acres, counted as part of the 'dwelling,' not an 'other structure,' the state high court said, reversing the trial court and an appellate court that sided with Liberty Mutual.
Brian Amaral, Law360 ($) 01/30/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Amtrak Engineer Files Suit Against Company Over Fatal Philly Derailment
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The engineer involved in a 2015 fatal train crash in Philadelphia has filed a lawsuit against Amtrak alleging that it failed to provide a safe work environment. The lawsuit, filed on Wednesday in Common Pleas Court, alleges that Amtrak failed to warn the plaintiff of a nearby train that had been hit by a projectile minutes before the crash. The plaintiff's train derailed when it entered a curve traveling at 106 mph, nearly 60 mph over the posted limit. The National Transportation Safety Board reported after the incident that the plaintiff was likely distracted by radio reports of the other crash when his train derailed.
Robert Moran, Philly.Com 01/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Philly.Com

New York City Settles "Random" Off-Duty Shooting Lawsuit for $8.2M
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New York City is to pay $8.2 million to settle a lawsuit over a shooting by an off-duty police officer. The lawsuit was filed by two men who were shot at by the drunk, off-duty police officer at a traffic light. According to the lawsuit, the officer shot 14 times at the two plaintiffs in a "completely random" attack. The officer has admitted to consuming at least 10 drinks after a day of tactical police training prior to the shooting incident. One of the plaintiffs was hit six times during the attack and still has a bullet in his chest. The plaintiff shot in the incident is to receive $6.9 million and his friend is to receive $1.3 million from the city.
Christopher Mele, The New York Times 01/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Wrongful Death

Wildlife Refuge Occupier's Death Subject of Lawsuit
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A wrongful death lawsuit has been filed by the widow of Robert "LaVoy" Finicum, an occupier of the Oregon wildlife refuge, alleging that excessive force led to her husband's death. The 54-year-old man, a leader of the Malheur National Wildlife Refuge occupation, was shot by police after an encounter in which the man crashed his vehicle into a snowbank. The lawsuit contends that the man was getting out of his car to surrender to police when he was shot three times in the back and killed. According to the lawsuit, improper police procedures and lack of communication between state police and FBI agents at the scene contributed to the death of the plaintiff's husband.
Maxine Berstein, The Oregonian 01/26/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Oregonian



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