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  June 16, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Jun
The Evolving Impact of the ACA and Medicaid Expansion at Settlement: Subrogations, Liens, and Future Medical Care
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Jun
Sexual Assault: Top Practitioner Tips for Working Up Cases from A to Z
29
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Medicare Set Asides in General Liability and Medical Malpractice Cases
Announcements

 
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Texas Standard: HOW FAR WOULD YOU GO FOR AN INSURANCE DISCOUNT? "This is unprecedented - it's against current policy standards from the Texas Department of Insurance," Leiber says. "They don't allow this kind of discount in exchange for giving up your constitutional right." #the7th #TTLA7th #arbitration Click on the headline to listen.  

TTLA Pioneers Series: Those On Whose Shoulders We Stand
The second in the TTLA Pioneers Series, written by TTLA member Ralph Red Dog Jones, is his recollection of Dallas attorney R. Guy Carter, TTLA's first President and, later, Red Dog's law partner. Click on the headline to access.  

Texas Tribune Daily Brief

 
The Brief for June 16
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Madlin Conway and John Reynolds, Texas Tribune 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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Issues

 
Interactive Map Shows Oil, Gas Health Threat in Texas
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Roughly 2.3 million Texans live close enough to oil and gas wells, compressors and processors to cause concern about potential health threats, according to an online map published Wednesday by a national environmental group. The residents live within a one-half-mile radius of 398,787 active oil and gas field facilities spread across Texas, according to the interactive map produced by Earthworks. The Oil and Gas Threat map shows that 904 schools and 78 medical facilities are within the same zone of concern.
MAX B. BAKER, Star Telegram 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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Legal Experts: Did Disney do Enough to Warn its Guests About Alligators?
 
The snatching of a 2-year-old boy by an alligator from a beach at a Disney resort Tuesday night immediately raised questions about the animal's behavior and the company's responsibility. Alan Sykes, a professor at Stanford Law School, said the Walt Disney could be held liable for the incident if there is proof of negligence. "The hotel owes a duty of care to its customers to take reasonable measures to make the premises safe" said Sykes. "That would include if there are hidden hazards in a lagoon on the hotel property." He said a key question would be whether the resort had prior knowledge of alligators in the water near the hotel and what it had done to mitigate that issue, or at least adequately warn tourists of the potential dangers.
Brady Dennis and Darryl Fears, The Washington Post  06/16/2016  Facebook iconTwitter iconLinkedIn icon
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Laws/Cases

 
Jury Deliberates in Suit Over Suicidal Death of Teen in Police Car
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Deliberation has begun in a lawsuit over the suicidal death of a teen who shot himself in the back of a police car in December 2012. A Houston, Texas, jury began deliberation in the lawsuit which was filed by the teen's family. The lawsuit accuses police of failing to find a handgun in the teenager's pants and failing to take into consideration his bipolar depression. The complaint alleges a violation of the Americans with Disabilities Act. The teen's family is seeking $9.5 million for pain, suffering, disfigurement, medical costs and lost earning capacity.
Gabrielle Banks, Houston Chronicle 06/14/2016   Facebook iconTwitter iconLinkedIn Icon
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Uber Settles Driver Lawsuit Over Background Checks
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Uber has agreed to pay $7.5 million to settle a lawsuit brought by drivers over background checks conducted by the ride-hailing company, according to a court filing on Wednesday. The case in San Francisco federal court involved allegations that Uber terminated drivers from its platform after obtaining their consumer background reports without authorization.
DAN LEVINE, Reuters 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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Three More Women Sue Baylor
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Three more women filed a federal civil rights lawsuit against Baylor University on Wednesday, saying the school did nothing to help them after they reported being sexually assaulted on or near campus. Baylor has come under intense criticism for mishandling allegations of sexual assault over several years, including cases involving football players. In recent weeks, university president and chancellor Ken Starr was demoted and head football coach Art Briles was fired.
Associated Press, The Washington Post 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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Amazon Shopper Tells 9th Circ. Arbitration Provision Invalid
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A proposed class accusing Amazon of falsely inflating its comparative discounts urged the Ninth Circuit on Tuesday to reverse a lower court's decision to dismiss the suit over an arbitration agreement, arguing the relevant clause is non-negotiable for shoppers and unconscionable. In response to Amazon.com Inc.'s May argument that a California federal court was completely reasonable in its October rejection of the faulty comparative pricing claims because a standard purchase agreement includes a clear arbitration provision, named plaintiff Allen Wiseley reiterated earlier arguments that the clause...
Kali Hays, Law360.com 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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Products

 
Boston Scientific Adds New Warnings to Surgical-Mesh Devices
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Boston Scientific Corp. is adding new safety warnings to the labels for its most heavily litigated products— surgical-mesh devices used to repair common pelvic disorders in women. The labels will now say that meshes and slings are considered permanent implants, that removal may be complicated or impossible, and that the treatment for post-surgical device erosion may require surgical removal of the device.
Joe Carlson, Star Tribune-South Metro 06/16/2016   Facebook iconTwitter iconLinkedIn Icon
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