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March 7, 2017

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New TTLA Pioneers Installment
Judge Joe Fisher, Ward Stephenson, Joe Tonahill and Gilbert Adams, Sr. by Robert J. Robertson and the late Robert Q. Keith. Editor's Note by Willie Chapman: Four Founding members of TTLA all figure prominently in this excellent article from the Journal of the Texas Supreme Court Historical Society Summer 2016 Edition. The authors chronicle the background and ramifications of the landmark Borel v Fibreboard decision published by the Fifth Circuit on September 10, 1973. Thanks to the Journal of the Texas Supreme Court Historical Society for permission to share this article with the TTLA membership. Click on the headline to read more.

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Texas Tribune Daily Brief

The Brief for March 7
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SANYA MANSOOR AND BOBBY BLANCHARD, Texas Tribune 03/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Parents File Suit Over SoyNut Butter E. Coli Outbreak
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SoyNut Butter Co., based in Glenview, Illinois, is facing a lawsuit alleging that an 8-year-old boy was allegedly infected and hospitalized with E. coli after consuming one of the company's products. According to the complaint filed by the boy's parents, the child became ill after eating I.M. Healthy SoyNut Butter. The lawsuit was filed on Monday morning in U.S. District Court in Chicago just two days after SoyNut Butter expanded a voluntary recall on its products. There have been 12 people, 11 of whom are children, across five states who have fallen ill after consuming products from SoyNut Butter Co. The E. Coli outbreak is still under investigation.
Greg Trotter, Chicago Tribune 03/06/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune

Heirs Must Arbitrate Wrongful Death Suit, Ga. High Court Says
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The Georgia Supreme Court overturned on Monday an appellate court's ruling that rejected a nursing home's bid to compel a wrongful death suit into arbitration, saying that the beneficiaries of the recently deceased were bound to the terms of an arbitration agreement she signed when she was alive.
Dorothy Atkins, Law360 ($) 03/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Jury Secrecy Doesn't Apply if Bias Taints Deliberations, Justices Rule
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The Supreme Court ruled on Monday that courts must make an exception to the usual rule that jury deliberations are secret when evidence emerges that those discussions were marred by racial or ethnic bias. 'Racial bias implicates unique historical, constitutional and institutional concerns,' Justice Anthony M. Kennedy wrote for the majority in the 5-to-3 decision.
ADAM LIPTAK, The New York Times 03/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Arizona Man Awarded $2.5M in Medical Lawsuit vs VA Hospital
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A judge on Monday awarded $2.5 million to a military veteran who said that his now-terminal cancer would have been curable had the Veterans Administration hospital in Phoenix diagnosed it sooner. U.S. Magistrate Judge Michelle Burns ruled a nurse practitioner who found abnormalities in Steven Harold Cooper's prostate during an examination in late 2011 at the Carl T. Hayden VA Medical Center had breached the standard of care by failing to order more testing and refer him to a urologist. Instead, Cooper learned 11 months later from a VA doctor that he had stage-IV prostate cancer. The day after receiving the diagnosis, Cooper sought treatment from a private doctor.
Jacques Billeaud, Associated Press, The Washington Post 03/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post


Products

Asbestos Exposure is Still Making People Sick
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Researchers at the US Centers for Disease Control and Prevention are struggling to understand why younger populations continue to suffer asbestos-related medical issues despite efforts to reduce exposure from the toxic mineral. According to a report released by the CDC on Thursday, numbers of deaths related to malignant mesothelioma increased from 2,479 in 1999 to 2,597 in 2015. The largest increase was seen in those over 85 years old, but younger populations continue to be affected.
Robert Jimison, CNN 03/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: CNN


Wrongful Death

Texas Inmate Hangs Himself, Mother Files Suit
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A wrongful death lawsuit has been filed over the death of a Burkburnett, Texas inmate. The 22-year-old man was found dead on March 10, 2016 after he hung himself in the police department's jail. His mother filed suit alleging that her son was 'Severely emotionally and mentally troubled,' but contends his suicide resulted 'from flagrant violation of constitutional rights.' The man was arrested after he provided police a fake ID as the officers investigated a reported disturbance.
Lynn Walker, Wichita Falls Times Record News 03/03/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wichita Falls Times Record News



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