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July 5, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Texas Bar Blog: Attorney fraud alert - Don't let fake clients scam you
Texas lawyers continue to lose trust account funds to scammers posing as clients. Attorneys should be extra-vigilant for scams of this type, and never issue a check from a trust account until deposited funds have been collected. Click on the headline to learn more.

Members Only Master Workshop with Carl Bettinger and Fredilyn Sison
Members Only Master Workshop with Carl Bettinger and Fredilyn Sison: Story and Psychodrama - The Pathways to the Hero in Every Juror. October 13th in Austin. Registration limited to 45, click on the headline to register.

Texas Tribune Daily Brief

The Brief for July 5
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Madlin Conway and John Reynolds, Texas Tribune 07/05/2016 Facebook iconTwitter iconLinkedIn Icon
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Issues

First Known Fatality Blamed on Tesla's Autopilot Driving Mode
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A 40-year-old Ohio man was killed in a car crash while using the autopilot mode on his Tesla car. This is the first reported death of a driver using the Tesla autopilot feature. The crash took place on May 7 when the car failed to detect a tractor-trailer turning into its path. Tesla stated on its website, "Neither Autopilot nor the driver noticed the white side of the tractor trailer against a brightly lit sky, so the brake was not applied." The National Highway Traffic Safety Administration has launched an investigation into the collision which took place in Florida.
Greg Gardner, Detroit Free Press 07/01/2016 Facebook iconTwitter iconLinkedIn Icon
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Laws/Cases

Church Shooting Victims' Families File Suit Over Failed Background Check
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A group of shooting victims and their families have filed suit alleging that an error by the FBI allowed the shooter to purchase the gun used in a church shooting in South Carolina. The shooting took place on June 17, 2015, and ended in the deaths of nine churchgoers at Emanuel AME's Bible study. The plaintiffs allege that a clerical error by the FBI allowed the 22-year-old shooter to purchase the weapon used in the fatal shooting. The man had previously admitted to possessing illegal drugs and should have been barred from purchasing a gun, the lawsuits allege. Multiple multi-million dollar lawsuits have been filed by the survivors of the shooting and families of shooting victims.
Jennifer Barry Hawes, Charleston Post Courier 07/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Charleston Post Courier

NFL Teams Not Off Hook For Ex-Players' Painkiller Claims
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The NFL's 32 franchises failed to dodge a lawsuit brought by a proposed class of ex-players who say team doctors distributed painkillers 'as if they were candy,' regardless of long-term effects, when a California federal judge on Friday found the claims were neither preempted nor time-barred. U.S. District Judge William Alsup denied the clubs' bid to dismiss the retired players' claims, ruling that they differ from those in Dent et al. v. NFL ' which was brought by the same counsel and dismissed in late 2014.
Natalie Olivo, Law360.com 07/05/2016 Facebook iconTwitter iconLinkedIn Icon
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Ex-Flint Officials Say They're Immune From Contamination Suit
Two former emergency managers for the city of Flint told a Michigan federal judge that they're immune from a proposed class action seeking to peg more than a dozen city and state officials with liability for injuries to children from the city's lead contamination crisis. Darnell Earley and Gerald Ambrose said the proposed class failed to allege specific acts of wrongdoing by either of them, instead simply 'lumping' them together with the rest of the defendants, including Gov. Rick Snyder.
Stan Parker, Law360.com 07/05/2016 Facebook iconTwitter iconLinkedIn icon
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Lawsuit: Kansas Hospital Misdiagnosed Patient, Removed Essential Organ
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The University of Kansas Hospital is facing a whistleblower lawsuit by a doctor who alleges hospital staff misdiagnosed a patient with cancer and covered up the mistake after one of the patient's organs was removed. The lawsuit was filed on Friday and accuses the hospital's pathology department of the mistake and cover-up. The lawsuit alleges that the hospital retaliated against the plaintiff, a doctor in the pathology department, after he tried to bring the mistake to light. The patient has not been named in the lawsuit and may still be unaware of the hospital's error.
Ian Cummings, Kansas City Star 07/05/2016 Facebook iconTwitter iconLinkedIn Icon
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Class Action

Texas Accused of Violating Rights of Mentally Disabled in Nursing Homes
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The state of Texas has been accused of violating the Americans with Disabilities Act and other federal laws by allegedly ignoring mentally disabled people in nursing homes. The lawsuit was filed on behalf of a mentally disabled man who was forced to live in Iowa and work at a turkey processing plant, where he was paid 41 cents per hour. In 2008, the man was transferred from the facility in Iowa to a nursing home in Midland, Texas. He has since filed suit against the state alleging that it has violated the rights of about 4,000 individuals.
Betsy Blaney, Austin American Statesman 07/05/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American Statesman


Products

Flour in Raw Cookie Dough Linked to E. Coli Illnesses
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Raw cookie dough has been linked to a recall of General Mills flour and an E. coli outbreak. A report published Tuesday by the Centers for Disease Control (CDC) and U.S. Food and Drug Administration indicates that raw flour can spread the foodborne illness to humans through contaminated grain. So far there have been 38 illnesses across 20 states caused by the Shiga toxin-producing E. coli O121. The toxin, which can cause diarrhea, cramping, and dehydration, is responsible for the hospitalization of at least 10 people.
Kristen Painter, Star Tribune-South Metro 07/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Tribune-South Metro

E-Cigarette Users Sue Over Exploding Devices
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E-cigarettes have been touted as a safer alternative to traditional cigarettes. But some lawyers and consumers say the $3.5 billion industry isn't doing enough to address a potential hazard: cheaply made lithium-ion batteries in the products that can unexpectedly explode. Dozens of lawsuits over the alleged defects have been filed in Florida, New York, California and other states.
SARA RANDAZZO, Wall Street Journal - $$ Subscription Required 07/05/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)



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