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Announcements
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Best Kept Trial Secrets: What
Happens in Vegas Stays in Vegas
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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. February 23-25, 2012, Bellagio Hotel, Las
Vegas, 8 hrs. MCLE w/ 1 hr. Ethics
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Laws/Cases
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Appeals Court Approves Religious
Discrimination Suit
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An appeals court has ruled that a former Easter Michigan
University graduate student who was kicked out of the counselor
training program can have her suit tried before a jury. According to
the lawsuit, the woman was expelled from the program after refusing to
counsel homosexuals about their lifestyle because she said it violated
her Christian beliefs. The woman says her rights to freedom of religion
were violated by the university. David Ashenfelter, Detroit
Free Press 01/28/2012
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Read Article: Detroit Free Press
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Privacy Suit Filed Against FDA
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Current and former employees of the Food and Drug
Administration have filed a lawsuit against the agency claiming the FDA
monitored their private e-mail accounts after concerns were raised over
the safety of approved medical devices. The plaintiffs claim in their
suit that they were "legally protected whistle-blowers" and
that the agency violated their constitutional rights. The plaintiffs
said they were admonished by the agency and some were terminated.
Wire Report, LA Times 01/31/2012
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Read Article: LA Times
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Suit over Leaked Crash Pictures
Settled
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The California Highway Patrol has agreed to settle a
lawsuit with an Orange County family over the dissemination of
"grisly" photographs of their teenage daughter, who was
killed in a 2006 car wreck. The photos, taken for the investigation,
were leaked by two CHP dispatchers, the Los Angeles Times reports. The
case was originally thrown out, but in 2010 an appeals court ruled, for
the first time in the state, "that surviving family members have a
right to sue for invasion of privacy in such cases." Rick
Rojas, LA Times 01/31/2012
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Read Article: LA Times
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Suit With NFL over 'Who Dat?'
Phrase Settled
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The National Football League has reached a settlement with
Who Dat? Inc. over the use of the catchphrase "Who Dat?" on
merchandise. The lawsuit claimed the company had trademarked the
catchphrase in the 1980s and were owed royalties for any merchandise
sold with the phrase on it. The company agreed to drop the lawsuit
against the NFL, and the two parties said they will make merchandise
available to fans containing both the NFL and "Who Dat?"
brands. Mark Schleifstein, New Orleans Times-Picayune 01/31/2012
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Read Article: New Orleans Times-Picayune
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With Trial Pending, BP Asks Judge
To Cut Experts ?
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With a trial over the Gulf of Mexico oil spill looming, BP
PLC is asking a federal judge to block two plaintiffs' experts from
testifying about an alleged disregard for safety throughout the energy
company that those experts say led to the nation's largest offshore oil
spill. BP's legal maneuver to limit the two California experts from
testifying about the alleged lack of a safety culture at BP was made
public Monday after U.S. Magistrate Sally Shushan unsealed 30 court
motions to limit and block expert testimony. BP filed 17 of the
motions, seeking to block expert testimony on a number of issues behind
what happened to cause BP's well to blow out. The trial begins Feb. 27
in federal court in New Orleans. It will determine the division of
responsibility for the disaster that began with the explosion of the
BP-leased Deepwater Horizon on April 20, 2010, which killed 11 men
about 50 miles southeast of the Louisiana coast. Associated
Press, New Orleans Times-Picayune 01/31/2012
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Read Article: New Orleans Times-Picayune
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Doctor Can be Sued for Emotional
Distress Despite Lack of Physical Negligence
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A physician can be sued for allegedly causing a patient
emotional distress, even when no physical impact led to the distress,
the Supreme Court of Pennsylvania has ruled. The case centers on a mother's
accusation that her physician failed to prepare her for the shock of
her newborn's deformities. The court's decision creates a claim for
noneconomic damages and opens the door for more lawsuits against
physicians, legal experts say. Alicia Gallegos, American
Medical News 01/31/2012
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Read Article: American Medical News
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Healthcare
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Ear Doctors Performing Face-Lifts?
It Happens
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With declining insurance reimbursements, more doctors,
regardless of specialty, are expanding their practices to include
lucrative cosmetic procedures paid for out of pocket by patients. It’s
now common to find gynecologists offering breast augmentation, ophthalmologists
doing liposuction, even family practice physicians giving Botox
injections. The result, according to certified plastic surgeons, is an
increasing number of dissatisfied, even disfigured, patients. KATE
MURPHY, The New York Times 01/31/2012
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Read Article: The New York Times
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Physicians Subject to Increasing
Scrutiny
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The federal government has been making moves to open up
more physician decision-making to review by both officials and the
public. Prepayment claims reviews, sunshine requirements and doctor
report cards are some examples of recent policy changes designed to put
more checks on physicians, whose decisions have a sizable impact on
health spending and quality. American Medical News looked into some of
the ways the government is taking a closer look. Staff,
American Medical News 01/31/2012
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Read Article: American Medical News
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