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USDA: Cost of Raising a Child Calculator |
| With USDA’s Cost of Raising a Child Calculator, you can estimate how much it will annually cost to raise a child. This may help you plan better for overall expenses including food, or to purchase adequate life insurance |
New study: Tort reform has not reduced health care costs in TX, Austin American Statesman 6-21-12 |
| New study: Tort reform has not reduced health care costs in Texas Austin American Statesman 6-21-12: A new study found no evidence that health care costs in Texas dipped after a 2003 constitutional amendment limited payouts in medical malpractice lawsuits, despite claims made to voters by some backers of tort reform. Access Will Tort Reform Bend the Cost Curve by Myungho Paik, Bernard S. Black, David A. Hyman, and Charles Silver. Click on the headline to access the article and the full study. |
Laws/Cases |
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Family of ICE Agent Slain by Cartel Files Death Claim |
| Lawyers representing the family of slain ICE agent Jaime Zapata say they have filed a wrongful death claim against the federal government. Zapata and Victor Avila were forced off a Mexico highway by cartel gunmen in February 2011. Zapata was shot multiple times and killed. Avila survived the attack. The complaint alleges the agents should not have been tasked with driving through a dangerous area of Mexico to transport “sensitive equipment.” It also claims the U.S. government allowed the guns used in the attack to be smuggled into Mexico, after purchase by straw buyers in Texas. Jason Buch, San Antonio Express News 06/21/2012 | Read Article: San Antonio Express News |
Marine Veteran’s Family Sues City of Eagle Lake |
| The family of a U.S. Marine Corps veteran who died in a motorcycle crash this spring has filed a wrongful death lawsuit against the city of Eagle Lake. USMC Cpl. James “J.P.” Salinas died when the motorcycle he was riding collided with a patrol car driven by a Eagle Lake police officer. According to the lawsuit Salinas was traveling to work when the officer “inexplicably and without excuse attempted to make an illegal and ill-advised u-turn in front of Corporal Salinas.” Robert Stanton (blog), Houston Chronicle 06/21/2012 | Read Article: Houston Chronicle |
Judge Lets Virginia Tech Verdict Stand; Cuts Damages |
| A judge upheld a jury’s negligence finding against the state in the 2007 Virginia Tech massacre but sharply reduced damages to two families who said their daughters could have survived if the university alerted the campus earlier. Franklin County Circuit Judge William Alexander II set the jury’s award at $100,000 for each family, the highest amount allowed under a cap on damages against the state. A jury had initially awarded $4 million to each family after an eight-day trial of the lawsuit in March. Associated Press, The Washington Post 06/21/2012 | Read Article: The Washington Post |
Sprint Settles Suit Over Improper Charges |
| Sprint Nextel will settle a $19 million lawsuit filed by a group of customers who accused the company of charging them for using cell phones to send pictures. The suit centers on Sprint's "Everything Messaging" plan, and the plaintiffs say the company "refused to tell customers about the charges or how to avoid unnecessary charges." The settlement covers customers as far back as January 2008. Staff and Wire Report, Kansas City Star 06/20/2012 | Read Article: Kansas City Star |
Labor/Employment |
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Suit Claims Boss Violated Employee's First Amendment Rights |
| An Iowa employee has filed a lawsuit against his boss over alleged retaliation and harassment. In his lawsuit, the plaintiff, employed by Iowa Workforce Development, says he was harassed and eventually put on unpaid leave for participating in a public demonstration criticizing company supervisors. The plaintiff says his punishment was a violation of his First Amendment rights. Jeff Eckhoff, DesMoines Register 06/20/2012 | Read Article: DesMoines Register |
TEXAS LAWYER CASE SUMMARIES |
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Amarillo Court of Appeals:Torts |
| The appellants challenge summary judgment against them in their suit to recover alleged damages from a slip and fall at one of Flying J's gas stations. Judicial estoppel is an affirmative defense. Each element of the affirmative defense must be proven, as a matter of law, to win summary judgment. The trial court's judgment is reversed and remanded. Phillips v. Flying J Inc., Amarillo Court of Appeals, No. 07-11-0368-CV, 06-15-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 06/21/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Texas Supreme Court: Torts |
| The court of appeals held that because an electricity generator has no contract with the operator of a pipeline, it can sue for negligence. The generator cannot assert its delivery and quality claims against the pipeline in an action for negligence, and though it could assert its quality claim against the pipeline through an assignment from the manager of the gas fuel supply, the damages it seeks would be barred by the consequential damages waivers. The court of appeals' judgment is reversed and remanded. El Paso Marketing L.P. and Enterprise Texas v. Wolf Hollow I L.P., Texas Supreme Court, No. 11-0059, 06-15-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 06/21/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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