| 
| | | 
| Announcements |
|
|
TTLA Facebook Page |
| TTLA Facebook Page has a fresh new face! Click on the headline and like us - Twitter too has had a facelift, follow us at @ttla_. A big thank you to TTLA member Stacey Burke of Houston for updating our look! |
SBOT Computer & Technology Section's Updated App |
| The SBOT Computer & Technology Section's technology guru, Mark Unger, shared that the Section's app has been updated to include almost all major Texas codes. It is only $25 to join the Section and members get the app free. Click on the headline to learn more. |
Laws/Cases |
|
|
Judge in Parker County Well Contamination Case Loses Election |
| A Parker County judge who, in the midst of an environmental case, bragged in campaign literature that he had forced the EPA to turn tail lost his GOP primary battle. TX District Judge Trey Loftin's next challenge will be to stay on the bench as the case involving gas drilling proceeds. Steven and Shyla Lipsky who sued Range Resources, filed a court motion to disqualify or recuse Loftin. The motion says Loftin released campaign mailers urging his re-election on the basis of "rulings he had made against the Lipskys" and argues that Loftin believed that the outcome of the case would affect his re-election and "thus, the campaign mailers show that Judge Loftin believes that he had a direct financial and personal interest in the outcome of the proceeding, which requires his disqualification." Darren Barbee, Star Telegram 06/01/2012 | Read Article: Star Telegram |
Suit Filed over Contaminated Dog Food |
| A New Jersey couple has filed a lawsuit against Diamond Pet Foods after their infant son was sickened by dog food tainted with salmonella. The lawsuit claims Diamond Pet Foods and the Costco Food Corp. should have known the products were contaminated. In all, 16 people have fallen ill after handling the affected dog food. Amy Worden, Philadelphia Inquirer 05/30/2012 | Read Article: Philadelphia Inquirer |
Suit Accuses Guards of Sexual Assault, Harassment |
| A U.S. District court will hear a lawsuit against two guards at the Indiana County Jail, accusing one of sexually assaulting inmates and the other of threats and oppression. The lawsuit claims one of the guards "kissed and groped" inmates on several occasions in 2009 and 2010. Currently neither of the defendants is employed with the prison. Rich Lord, Pittsburgh Post-Gazette 06/01/2012 | Read Article: Pittsburgh Post-Gazette |
Issues |
|
|
Groups Cast Doubt on Validity of State Hospital's Electrotherapy Consent Forms |
| Texas' public psychiatric hospitals never should have used a controversial treatment on more than 120 aggressive patients because the consent forms they signed did not spell out potential side effects and other information required under state rules, mental health watchdogs said this week. Patients who received cranial electrotherapy stimulation at North Texas State Hospital in Vernon were not told in writing that the treatment can cause headaches, nausea, dizziness and skin irritation, said Beth Mitchell, a lawyer with Disability Rights Texas, a federally funded mental health advocacy group. The consent form — a copy of which was obtained by the Austin American-Statesman — also fails to mention alternative treatments and the condition that is being targeted. But state officials say the form was adequate and is just one piece of the informed consent process. Andrea Ball, Austin American Statesman 06/01/2012 | Read Article: Austin American Statesman |
TEXAS LAWYER CASE SUMMARIES |
|
|
Houston's 1st Court of Appeals: Torts |
| The appellant challenges the trial court's order denying its plea to the jurisdiction. A plaintiff who simultaneously files suit against a governmental unit and its employee for common law tort claims for which immunity has been waived under the Tort Claims Act is not left without any remedy merely as the result of the simultaneous filing. The trial court's order is affirmed. The City of Houston v. Vallejo, Houston's 1st Court of Appeals, No. 01-11-00133-CV, 05-22-2012. , Texas Lawyer Opinions (TTLA Members Only) 06/01/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
San Antonio Court of Appeals: Torts |
| The appellee is a subcontractor performing services on a plant in which the appellant was employed. The employee sued the subcontractor after he was injured. The trial court rendered a take-nothing summary judgment in favor of the subcontractor. A subcontractor may rely on the workers' compensation exclusive remedy bar contained in Texas Labor Code §408.001 as made applicable to subcontractors by Labor Code §406.123 when the subcontractor and its employees are sued by an employee of the premises owner/general contractor. The trial court's judgment is affirmed. Garza v. Zachry Construction Corp., San Antonio Court of Appeals, No. 04-11-00101-CV, 05-23-2012. , Texas Lawyer Opinions (TTLA Members Only) 06/01/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Wrongful Death |
|
|
Applebee's Settles in DUI Crash Lawsuit |
| Restaurant chain Applebee's has agreed to settle a lawsuit with the parents of a Texas boy who suffered severe brain injuries in a DUI accident caused by a drunk restaurant patron. In the lawsuit, the plaintiffs alleged a north Texas Applebee's served the man responsible for the accident "23 drinks in two hours." The terms of the settlement were not disclosed. Andrew Chow, Reuters 05/30/2012 | Read Article: Reuters |
Fatal Tent Collapse in St. Louis Prompts Suit |
| A St. Louis woman has filed a lawsuit against a local sports bar after her husband was killed in an April storm when a giant tent collapsed on the patrons. The lawsuit claims the bar and the company that leased the tent were negligent in failing to ensure it could hold up under stormy conditions. In all, 100 people were injured in the incident, with 16 being sent to the hospital. Jennifer Mann, St. Louis Post Dispatch 06/01/2012 | Read Article: St. Louis Post Dispatch |
|
|
| |
| Published by TRIALSMITH, Litigation Tools for Trial Lawyers
5113 Southwest Parkway, Suite 285, Austin, TX 78735
You received this email because you are subscribed to this service from your trial lawyers association.
• Unsubscribe • Search National Litigation Bank • 800-443-1757 |
|