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June 7, 2017

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Understanding the Fair Debt Collection Practices Act
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Announcements

At-Door Registration: 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 7
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CASSANDRA POLLOCK AND BOBBY BLANCHARD, Texas Tribune 06/07/2017 FacebookTwitterLinkedin
Read Article: Texas Tribune


Laws/Cases

Autistic Man Questioned After Police Shoot His Caretaker, Lawsuit Filed
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The family of a Florida man with autism has filed a lawsuit over an incident in which the man was questioned after police mistakenly shot his caretaker. According to the lawsuit, the autistic man, who has an IQ of 40, was held and questioned by police following an incident in which police shot his caretaker. Police responded after a female witness reported that a mentally ill man had a weapon and was making threats. However, the autistic man was playing with a toy car and was unarmed police determined after the fact. The police officer who shot the caretaker was charged with attempted manslaughter and culpable negligence. The family's lawsuit alleges intentional infliction of pain and suffering and false imprisonment.
Charles Rabin, Miami Herald 06/05/2017 FacebookTwitterLinkedin
Read Article: Miami Herald

Lawsuit Against NHL Over Boogaard Death Dismissed by Judge
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A lawsuit against the National Hockey League over the death of Derek Boogaard has been dismissed by a federal judge. U.S. District Judge Gary Feinerman in Chicago has ruled that Boogaard's parent's lacked standing to file suit because they were not named trustees for their son's estate within three years of his death. The judge also stated that the plaintiffs forfeited claims that the NHL negligently promoted a "culture of gratuitous violence" and concealed the long-term risks of concussions. Boogaard died in May 2011 at the age of 28 of an accidental overdose of painkillers, and was later found to have chronic traumatic encephalopathy, or CTE.
Jonathan Stempel, Reuters 06/05/2017 FacebookTwitterLinkedin
Read Article: Reuters

Media Member Alleges Sex Abuse as Boy Scout in 1963
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A member of the media has filed a lawsuit against Boy Scouts of America alleging that he was abused as a child. The former Portland Boy Scout, who is now a member of the national media who has devoted effort to exposing the group's history of sexual abuse, filed the $7 million lawsuit on Monday. The plaintiff alleges that he was sexually abused by his Scoutmaster in 1963 when he was 10 years old and that he came to terms with the abuse after seeing 1,200 confidential case files on Scout volunteers who had been banned after being accused of abusing children. The Oregon Supreme Court denied the Boy Scouts request to keep the files confidential, and they were made public in 2012.
Aimee Green, The Oregonian 06/05/2017 FacebookTwitterLinkedin
Read Article: The Oregonian


Class Action

Judge Rules Against IRS in $175M Class Action Lawsuit
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A federal judge has ruled in favor of plaintiffs seeking to recover allegedly unlawful license fees paid to the Internal Revenue Service (IRS). The lawsuit was filed in September 2014 of behalf of "a Class of More Than 700,000 Similarly Situated Individuals and Businesses" and alleged that the IRS unlawfully collected money associated with preparer tax identification numbers (PTIN). While the court ruled that the IRS had the right to require the PTIN's, it stated that PTINs did not constitute a "service or thing of value" for which a fee could be charged. The IRS will be responsible for paying $175 million in the lawsuit.
Kelly Phillips Erb, Forbes 06/05/2017 FacebookTwitterLinkedin
Read Article: Forbes


Wrongful Death

Iowa to Pay $475,000 in Foster Child Death Lawsuit
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The state of Iowa will pay $475,000 to settle a lawsuit over the beating death of a foster child. The lawsuit was filed by the mother of the child after a 5-year-old was beaten to death by another foster child in the home. According to the lawsuit, the child was fatally beaten with a brick by a 17-year-old foster child who was also living in the home. The boy was charged and found not guilty by reason of insanity. The lawsuit against the state alleged that officials should not have placed the two foster children in the same home.
O. Kay Henderson, Radio Iowa 06/07/2017 FacebookTwitterLinkedin
Read Article: Radio Iowa



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