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STUDY: REASONS FOR REVERSAL IN THE TEXAS COURTS OF APPEALS |
| The study published in the Houston Law Review (www.houstonlawreview.org/) conducted by Lynne Liberato and Kent Rutter who are partners in the Houston office of Haynes and Boone, reviewed 1,832 opinions issued from Sept. 1, 2010 to Aug. 31, 2011. The appellate law experts read each case and determined who had won and why. Unlike the Texas Supreme Court, which has discretion to hear appeals, the lower appellate courts must consider all that are filed. Click on the headline to access the study. |
"1K Pays Your Way" TTLA Annual Conference |
| Earn your registration fee for the 2012 TTLA Annual Conference by recruiting new TTLA members! Simply recruit $1,000 worth of new TTLA memberships, and earn free registration to the Annual Conference CLE at Hyatt Lost Pines – an $875 value. Clip on the headline to learn more. |
Laws/Cases |
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Judge Rules in Favor of Lotto Ticket Purchaser |
| An Arkansas judge has decided that a woman who won $1 million off of a lottery ticket is entitled to her winnings even though she threw away the ticket thinking she didn’t win, and another woman claimed the winnings after taking the ticket from the trash. Although the judge decided the purchaser never “abandoned her right to claim the winnings,” the finder of the ticket plans on appealing the decision. Jeannie Nuss, Atlanta Journal-Constitution 05/03/2012 | Read Article: Atlanta Journal-Constitution |
Suit: Man Forced to Choose Between Job & Marine Reserves |
| An 18-year-old from Connecticut has filed a lawsuit against the local Chevy dealership that fired him for pursuing a career in the military. The suit claims the dealership violated the Uniformed Services Employment and Reemployment Rights Act when it asked the reservist to choose between his job as a technician and the reserves. Pat Eaton-Robb, The Republic - Columbus, Indiana 05/03/2012 | Read Article: The Republic - Columbus, Indiana |
Judge Pushes Civil Trial over BP Spill Into 2013 |
| The federal judge who will decide whether to approve a class-action settlement of claims against BP PLC has scheduled a January 2013 trial for other claims spawned by the deadly blowout of the company's deepwater well in the Gulf Mexico. After meeting Thursday behind closed doors with attorneys, U.S. District Judge Carl Barbier scheduled the start of the trial for Jan. 14, 2013. The Justice Department wanted the trial to start this summer, but BP asked Barbier to wait until after he decides whether to give his final approval to the settlement agreement. Barbier is scheduled to hold a "fairness hearing" on the proposed settlement on Nov. 8, 2012. Associated Press, Seattle Post-Intelligencer 05/04/2012 | Read Article: Seattle Post-Intelligencer |
Mother of Slain Virginia Lacrosse Player Files Suit |
| The mother of a University of Virginia student killed by a member of the men’s lacrosse team has filed a wrongful death lawsuit against the team’s coaches, the university’s athletics director and the state, claiming they ignored the student’s erratic behavior. Sharon Love filed the lawsuit in Louisa County Circuit Court on Tuesday ahead of the second anniversary of the death of her 22-year-old daughter Yeardley Love, a women’s lacrosse player. The lawsuit seeks $29.45 million in damages from the state, head coach Dom Starsia, assistant coach Marc Van Arsdale and athletics director Craig Littlepage. Associated Press, The Washington Post 05/04/2012 | Read Article: The Washington Post |
NFL Faces New Lawsuit by More Than 100 Ex-Players |
| More than 100 former NFL players have filed a federal lawsuit in Atlanta claiming that pro football didn't properly protect its players from concussions. The plaintiffs in the lawsuit include former Atlanta Falcon Jamal Anderson, ex-Georgia star Lindsey Scott and veteran quarterback Don Majkowski. The lawsuit, filed Thursday in federal court in Georgia, claims the league failed to protect NFL players from brain injuries linked to football-related concussions. Associated Press, Yahoo News 05/04/2012 | Read Article: Yahoo News |
College Student Suing DEA for $20 Million |
| A 23-year-old collegian from California plans to file a $20 million lawsuit against the Drug Enforcement Administration after they wrongfully arrested him in a drug sweep and left him in a holding cell for 5 days without food and water. The plaintiff, who lost 15 pounds while in custody and was forced to drink his own urine to survive, accuses the DEA of illegal torture. Larry Mcshane, New York Daily News 05/03/2012 | Read Article: New York Daily News |
Parents Sue School District over Son's Assault |
| A New Hampshire school district is being sued by the parents of a teen who was physically assaulted and forcibly given a vulgar tattoo by other students during school hours. The parents claim the school district “failed to provide a safe environment for their son and to protect him from bullying.” Jason McLure, Reuters 05/03/2012 | Read Article: Reuters |
Class Action |
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Settlement Reached in Class-Action Disability Suit |
| A class-action suit filed by people with long-term disabilities has been settled with the Maine Department of Health and Human Services (DHHS). The plaintiffs, many of which have epilepsy or cerebral palsy, claimed DHSS violated the Americans with Disabilities Act and the Nursing Home Reform Act by not providing more opportunities to live outside of nursing homes The state will now be required to provide additional and improved services to those individuals who are at risk of having to move into, or already live in, nursing homes. Staff Writer, Chicago Tribune 05/03/2012 | Read Article: Chicago Tribune |
TEXAS LAWYER CASE SUMMARIES |
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Amarillo Court of Appeals:Torts |
| The appellant sued the appellees to recover damages for injury sustained after an 18-wheeler tractor-trailer fell off a road into a caliche pit. Injuries arising from a condition of the land may only be redressed under the theory of premises liability. The trial court's judgment is affirmed. Brinker v. Evans, Amarillo Court of Appeals, No. 07-11-0044-CV, 04-25-2012. , Texas Lawyer Opinions (TTLA Members Only) 05/04/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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