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March 14, 2012

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Verdict Against Accutane Approved in New Jersey

Boston Settles Excessive Force Lawsuit

Lawsuit: Mobile Apps Accessing Users' Address Books

Discrimination Lawsuit Against TCC Will Proceed

AT&T Looks for Quiet Settlement With iPhone User

Faulty Wells, Not Fracking, Blamed for Water Pollution

FDA Receives Complaint About Houston Co. That Store Stem Cells

State’s Chief Health Official Monitoring Parkland Hospital

Popular Apps Named in Info Mining Lawsuit

JPMorgan Settles Whistleblower Lawsuit

 

 

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Announcements

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Volunteer to End Distracted Driving

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The American Association for Justice and the non-profit group End Distracted Driving (EndDD) have teamed up to engage plaintiff’s lawyers in helping to spread the message about the dangers of distracted driving, and to get attorneys involved in the movement to end this dangerous practice. As April has been designated National Distracted Driving Awareness Month, TTLA is encouraging our membership to get involved and become advocates for safer driving in our Texas communities. Please see the message below, and click on the links to find out how you can volunteer to help end distracted driving in Texas. Click on the headline to learn more.  

 

Laws/Cases

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Verdict Against Accutane Approved in New Jersey

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The New Jersey Supreme Court has ruled in favor of the plaintiff in a lawsuit against the medication Accutane and the health issues it allegedly causes. The plaintiff began taking Accutane in 1997 to treat acne; two years later she began suffering inflammatory bowel disease, allegedly caused by the medication. In 2008, a jury awarded her $10.5 million, and the New Jersey high court recently upheld the decision, claiming the plaintiff did not miss the two-year statute of limitations by filing the suit in 2005.  Staff Report, Albany Times Union  03/14/2012

Read Article: Albany Times Union    

 

Boston Settles Excessive Force Lawsuit

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The city of Boston will pay $1.4 million in an excessive force lawsuit filed against a former city police officer. The plaintiff in the suit claimed the officer "tackled him and placed him in a choke hold" while he was videoing officers conducting an arrest three years ago. The plaintiff suffered injuries as a result, including brain damage, and was not able to return to work.  Edward Mason and Tom Mashberg, Boston Globe  03/14/2012

Read Article: Boston Globe    

 

Lawsuit: Mobile Apps Accessing Users' Address Books

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A class-action lawsuit filed this week in Austin alleges that makers of some of the world's most popular mobile apps routinely steal address book data such as names, phone numbers, email addresses, job titles and even birthdays from millions of users without their knowledge or consent. In the filing in U.S. District Court in Travis County, attorneys representing 13 people — 12 of them Central Texans — claim almost 20 apps appear to be violating policies put in place by distributors such as Apple's App Store, Amazon's Appstore and Google Play, formerly known as the Android Market.  Gary Dinges , Austin American Statesman  03/14/2012

Read Article: Austin American Statesman    

 

Discrimination Lawsuit Against TCC Will Proceed

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A federal judge denied a motion from Tarrant County College to dismiss a discrimination lawsuit filed by a former adjunct professor who alleges that administrators prevented her from interviewing for a full-time teaching position because they believed she was a lesbian. U.S. District Judge Terry Means said in his ruling Monday that administrators are not entitled to the qualified immunity claims because they knew or should have known that discrimination on the part of public employers because of a person's sexual orientation can violate the Constitution.  Elizabeth Campbell, Star Telegram  03/14/2012

Read Article: Star Telegram    

 

AT&T Looks for Quiet Settlement With iPhone User

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AT&T is offering to discuss a settlement with an iPhone user who won a small-claims case that alleged the company was slowing down his “unlimited” data service. A law firm retained by AT&T Inc. also threatened in a letter dated Friday to shut off Matthew Spaccarelli’s phone service if he doesn’t sit down to talk. The phone company doesn’t say if the settlement would involve money beyond the $850 award the Simi Valley, Calif., resident won from the company in small claims court on Feb. 24.  Associated Press, The Washington Post  03/14/2012

Read Article: The Washington Post    

 

Issues

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Faulty Wells, Not Fracking, Blamed for Water Pollution

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Some energy companies, state regulators, academics and environmentalists are reaching consensus that natural-gas drilling has led to several incidents of water pollution—but not because of fracking. The energy officials and some environmentalists agree that poorly built wells are to blame for some cases of water contamination. In those cases, they say, wells weren't properly sealed with subterranean cement, which allowed contaminants to travel up the well bore from deep underground into shallow aquifers that provide drinking water.  RUSSELL GOLD , Wall Street Journal - $$ Subscription Required  03/14/2012

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Healthcare

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FDA Receives Complaint About Houston Co. That Store Stem Cells

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The FDA has received a complaint alleging the Houston company involved in Gov. Rick Perry's unregulated adult stem-cell operation is a potential danger to patients and not in compliance with federal law. University of Minnesota bioethicist Leigh Turner called on the FDA to investigate Celltex Therapeutics Corp., which banks people's stem cells for future reinjection in the event of disease or injury. "It appears their business plan involves injecting or infusing on a for-profit, commercial basis non-FDA-approved adult stem cells into paying customers," Turner wrote in the Feb. 21 letter. "This plan conflicts with FDA regulations governing human stem cells."  Todd Ackerman, Houston Chronicle  03/14/2012

Read Article: Houston Chronicle    

 

State’s Chief Health Official Monitoring Parkland Hospital

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Dr. David Lakey, Texas’ health commissioner, has become personally involved in local talks to ensure that Parkland Memorial Hospital resolves its safety crisis and that patients continue to receive care if the public facility must close some or all of its operations. Since last spring, the hospital has failed numerous inspections by Lakey’s agency, which monitors regulatory compliance for the U.S. Centers for Medicare & Medicaid Services. And the fact that Parkland is now only the fifth hospital in the country to be forced into a rare form of federal safety oversight shows how high the stakes are, he said. In his view, the problems require many agencies and institutions to face them head on — for the sake of the patients.  MILES MOFFEIT , The Dallas Morning News  03/14/2012

Read Article: The Dallas Morning News    

 

Class Action

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Popular Apps Named in Info Mining Lawsuit

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A group of Central Texas residents have filed a class-action lawsuit, accusing some of the most popular mobile phone apps of "stealing address book data such as names, phone numbers, e-mail addresses" and more. The apps, including Facebook, Foursqaure, Yelp, Angry Birds and Twitter, allegedly harvest data from cell phones without permission, which the suit calls an invasion of privacy and intentional deception. The suit is seeking unspecified damages.  Gary Dinges , Austin American Statesman  03/13/2012

Read Article: Austin American Statesman    

 

Business Litigation

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JPMorgan Settles Whistleblower Lawsuit

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JPMorgan Chase & Co has agreed to pay $45 million the federal government to settle a whistleblower lawsuit over hidden fees charged to veterans in mortgage refinancing. Court documents state that the payment is part of a national settlement reached by JPMorgan and a group of other lenders regarding foreclosure abuses. The other lenders named in the case are Bank of America, Wells Fargo and Citigroup.  Staff Report, Reuters  03/13/2012

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