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May 18, 2015 Like TTLA on Facebook Follow TTLA on Twitter

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Texas Tribune Daily Brief

The Brief for May 18
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John Reynolds, Texas Tribune 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

9/11 Ruling by Supreme Court Has Transformed Civil Lawsuits
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Six years ago this week, the Supreme Court transformed civil litigation in the federal courts, making it much easier for judges to dismiss cases soon after they are filed. The decision, Ashcroft v. Iqbal, may be the most consequential ruling in Chief Justice John G. Roberts Jr.'s 10-year tenure. Before Iqbal, cases brought by individuals represented by lawyers were dismissed 42 percent of the time. After Iqbal, the rate was 59 percent. For corporate plaintiffs, the rates of dismissal stayed basically flat, edging up to 38 percent from 37 percent.
ADAM LIPTAK, The New York Times 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Laws/Cases

Justices Make it Easier to Sue Over 401(k) Retirement Plans
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The Supreme Court ruled unanimously Monday in favor of participants in employee retirement plans who object to companies' investment decisions that eat into retirement savings. The justices revived claims by current and former employees of energy company Edison International. The employees argued that the company chose mutual funds with excessive fees.
Associated Press, The Washington Post 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

Class Actions Get U.S. High Court Look as Companies Seek Shield
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The U.S. Supreme Court will consider giving businesses a new tool to thwart class action lawsuits, agreeing to decide whether a defendant can end a case by offering full payment to the lead plaintiff. The case helps shape the next Supreme Court term as a major opportunity for companies to shield themselves from consumer lawsuits. The court, which under Chief Justice John Roberts has taken a skeptical view of class action litigation, will also consider a consumer-protection dispute accepted last month. The court will rule in both cases by June 2016.
Greg Stohr, Bloomberg 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg

Passengers Sue Amtrak Over Fatal Crash
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Two cousins from Spain, a New York City advertising executive and a New Jersey woman are among passengers suing over injuries from last week's Amtrak train derailment in Philadelphia that killed eight and injured 200. Amtrak could face a $200 million payout to train crash victims ' the limit set by Congress. That payout cap for a single passenger rail incident was part of a late effort in 1997 to pass a law that would rescue Amtrak from financial ruin and help it one day become independent.
Associated Press, Philadelphia Inquirer 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Philadelphia Inquirer


Class Action

Supreme Court Will Hear Unsolicited Text Message Lawsuit
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The U.S. Supreme Court has agreed to hear a class action lawsuit regarding unsolicited text messages sent on behalf of the U.S. Navy. The text messages were sent by Campbell-Ewald Co. and included the phrase, "Destined for something big? Do it in the Navy." The text messages were sent to about 100,000 individuals, who are included in the class. Campbell-Ewald offered to pay $1,500 for each violation, but the plaintiffs declined the offer. The company is attempting to reverse a San Francisco-based 9th U.S. Circuit Court of Appeals ruling which determined that the case could move forward.
Lawrence Hurley, Reuters 05/18/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters



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