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June 1, 2017

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Solutions for Structured Settlement Claimants

Upcoming Online CLE
6
Jun
Maximizing the Value of M.I.S.T. Cases
7
Jun
Understanding the Fair Debt Collection Practices Act
13
Jun
What's Going On? eDiscovery and FRCP Amendment Implementation--Practice and Precedent
21
Jun
Litigating Elder Abuse/Neglect in Assisted Living Facilities
27
Jun
Trucking Crash Cases ' Gaining Knowledge and Pursuing Justice
29
Jun
Developing the Income Loss Claim for the Self-Employed Individual
Announcements

Get ready for your next TTLA family gathering!
Join TTLA June 7-9, 2017 at the Omni Austin Hotel Downtown for the 2017 Midyear Conference and CLE Seminar. Network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn up to 10 hours of MCLE credit! Click on the headline to register.

Texas Tribune Daily Brief

The Brief for June 1
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SANYA MANSOOR AND BOBBY BLANCHARD, Texas Tribune 06/01/2017 FacebookTwitterLinkedin
Read Article: Texas Tribune


Laws/Cases

Midlander Prevails in Dispute Over Sale of Oil Field Company
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A judge has ordered a North Texas billionaire to pay $21.3 million to a former owner of Midland-based Yellowjacket Oilfield Services LLC in a dispute over the sale of the company. Grayson County District Judge Jim Fallon entered the final judgment on May 16 against Denison businessman Lacy Harber, who agreed to purchase Yellowjacket. After an eight-day trial, a jury delivered a 10-2 verdict on April 5, awarding $18.4 million to Gerardus 'Jerry' Smith, a previous owner of the oilfield company. The judge added prejudgment interest and attorneys' fees, including amounts for any future appeals to the award.
Midland Reporter-Telegram, Midland Reporter 06/01/2017 FacebookTwitterLinkedin
Read Article: Midland Reporter

Ohio Files Suit Against Big Pharma Companies Over Opioid Use
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The state of Ohio has filed a lawsuit against Purdue Pharma and four other drugmakers over allegations of fraudulent marketing. The lawsuit involves the marketing of the defendants' prescription opioids, which the lawsuit contends has fueled an opioid epidemic that has killed thousands of Ohio residents. The lawsuit filed by Attorney Gen. Mike DeWine alleges that the defendants have violated state law by making false and misleading statements about the risks and benefits of opioids. The complaint accuses the defendants of downplaying the risks and inflating the benefits of certain opioid formulations. Endo Health Solutions, Teva Pharmaceutical Industries and a subsidiary, Johnson & Johnson and a subsidiary and Allergan are also named as defendants in the lawsuit.
Paul Schott, Stamford Advocate 05/31/2017 FacebookTwitterLinkedin
Read Article: Stamford Advocate

First Lawsuit Filed Over Deadly South Dakota Propane Explosion
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The mother of a South Dakota woman who was killed in a propane tank explosion has filed suit against two propane providers. The complaint was filed on Wednesday in Oglala Lakota County in South Dakota's Seventh Judicial Circuit against Western Cooperative Company Inc., and C. Brunsch Inc., which conducts business as Lakota Plains Propane Inc. on the Pine Ridge Indian Reservation. The explosion took place on Oct. 6 and resulted in the deaths of four people and severe injuries to three others. According to plaintiff's attorney, more lawsuits are expected to be filed by other victims or their families.
Seth Tupper, Rapid City Journal 06/01/2017 FacebookTwitterLinkedin
Read Article: Rapid City Journal

Supreme Court Tosses Out $4M Ruling Against California Officers
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The U.S. Supreme Court on Tuesday set aside a $4 million award against two California police officers who shot a couple while searching the wrong home. The couple filed suit over their injuries that took place when the Los Angeles County officers burst into their home during a search for someone else. They were awarded $4 million over their injuries, which included a partial leg amputation. The lower courts found the officers liable based on a previous ruling allowing a claim of excessive force when an officer 'intentionally or recklessly provokes a violent confrontation.' However, the Supreme Court stated that the lower court's ruling 'provides a novel and unsupported path to liability in cases in which the use of force was reasonable.'
Robert Barnes, The Washington Post 05/30/2017 FacebookTwitterLinkedin
Read Article: The Washington Post


Products

BMW Recalls 45K 7-Series Cars Because Doors Can Unexpectedly Fly Open
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BMW is recalling more than 45,000 older 7-Series cars in the U.S. because the doors can open unexpectedly while they're being driven. The recall covers certain 745i, 745Li, 750i, 750Li, 760i, 760Li and B7 Alpina cars from the 2005 through 2008 model years that have the comfort access and soft door close options. BMW says the doors may appear to be closed and latched but can inadvertently open due to road conditions or occupant contact with the door. A sudden opening could cause someone to be ejected or increase the risk of injury in a crash.
Wire Services, The Dallas Morning News 06/01/2017 FacebookTwitterLinkedin
Read Article: The Dallas Morning News


Wrongful Death

Settlement Reached in Death of Child at South Carolina Park
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A South Carolina family has settled a lawsuit over the death of a 3-year-old boy by a fallen tree. The toddler was killed when the tree fell on him in an Irmo park in Richland County on May 31, 2014. His family filed a wrongful death lawsuit against Town Hall and six companies that designed and built Irmo Community Park following the boy's death. They reached a $3.6 million settlement last week, just days before the three-year anniversary of the child's death. The final portion of the settlement, $1.37 million from insurers for two firms, was approved in Richland County Circuit Court last week.
Tim Flach, The State 05/30/2017 FacebookTwitterLinkedin
Read Article: The State



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