Announcements | 
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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop |
| Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more! |
Products |
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Toyota Recalls Lexus GS 350 Sedans |
| Toyota Motor Corp. has issued a recall of about 660 2013 Lexus GS 350 sedans due to problems with the vehicle's variable-ratio steering system. The electronic control unit in the system can force the wheel off center and cause drivers to lose control. The company said drivers may not realize the wheel is off center, and sudden and unexpected crashes may occur. Jonathan Welsh, WSJ Blogs 05/23/2012 | Read Article: WSJ Blogs |
Laws/Cases |
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Suit Against School over Suicide Tossed by Judge |
| A federal judge in Georgia has dismissed a lawsuit against a local school district filed by a Georgia couple whose son committed suicide after being bullied at school. In his ruling, the judge said the parents did not prove that the school district was "deliberately indifferent to the actions of other students towards [their son]." The judge said there were not any reports of the boy being bullied after his parents voiced concerns to the school, and that district officials did take steps to protect the boy from other students. Staff Report, United Press International 05/24/2012 | Read Article: United Press International |
Crane Accident on Highway Prompts Lawsuit |
| A Ganado, Texas, man has filed a lawsuit against a local crane company after his vehicle was hit by a motor crane that was working on U.S. 59. The suit, which names the crane company and the crane's driver, accuses the company of negligence and says the man driving the crane failed to take proper care in driving the vehicle. The plaintiff said he suffered "mental anguish and permanent physical injuries" as a result of the accident. Gheni Platenburg, Victoria Advocate 05/28/2012 | Read Article: Victoria Advocate |
Settlement: School District to Stop Restraining Students |
| Jackson Public Schools in Mississippi has agreed to stop "handcuffing" students to immobile objects as disciplinary tactics to settle a local lawsuit. The lawsuit said teachers at the Capital City Alternative School were shackling students for minor, non-criminal offenses. As part of the settlement, the school will no longer use restraints on students under 13, and will not use them at all for non-criminal offenses. Alex Dobuzinskis, Reuters 05/26/2012 | Read Article: Reuters |
N.J. Judge Rules Texter Not Liable for Driver's Accident |
| A woman who texted her boyfriend as he drove isn’t liable for his car crash that injured a couple riding on a motorcycle, a state judge in New Jersey ruled. State Superior Court Judge David Rand yesterday dismissed claims against Shannon Colonna, who had argued that her texting played no role in the crash that injured David and Linda Kubert. The Kuberts sued Colonna and her boyfriend, Kyle Best, blaming her texting in part for his crash on Sept. 21, 2009. Rand rejected arguments by the Kuberts that Colonna knew Best was driving and her texting aided and abetted his violation of motor vehicle laws, according an attorney for the Kuberts, Stephen “Skippy” Weinstein. The case appeared to be the first of its kind in the nation, he said. David Voreacos, Bloomberg 05/26/2012 | Read Article: Bloomberg |
FEMA Trailer Litigation Nears End |
| A deal has been reached to resolve nearly all of the remaining court claims from allegations that government-issued trailers exposed Gulf Coast residents to hazardous fumes after Hurricane Katrina. The lead plaintiffs' attorney told The Associated Press on Monday that a class-action settlement agreement has been expanded to include several companies that manufactured, installed or refurbished FEMA trailers after the 2005 storm. MICHAEL KUNZELMAN, AP , Yahoo News 05/29/2012 | Read Article: Yahoo News |
Issues |
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WSJ: Justice Dept Probes if BP Execs Lied to Congress |
| The U.S. Justice Department is investigating whether BP executives lied to Congress about how much oil leaked in the company's 2010 Gulf of Mexico oil spill, the Wall Street Journal reported on Monday, citing people familiar with the investigation. According to the Journal, prosecutors are looking into statements the company made to members of Congress at a closed-door briefing of members of the House Energy and Commerce Committee by officials from BP, Halliburton Co. and Transocean Ltd. Reuters, Yahoo News 05/29/2012 | Read Article: Yahoo News |
Plaintiff Alleges 'Conspiracy' Prevents Expert Doc Testimony |
| A Plaintiff in Cobb County Superior Court claims that a "conspiracy of silence" prevents Atlanta doctors from testifying as expert witnesses against local hospitals, and the plaintiff has moved to disqualify a defense firm for allegedly enforcing it. At the center of the controversy is one ex-expert witness, Dr. William Stinnette, a Northside Hospital staff internist, who cancelled his scheduled deposition in a wrongful death medical negligence suit against WellStar Health System. In a previous affidavit, the doctor said he agreed with plaintiff Pamela Kemp that the death of her husband, David Kemp, at WellStar Douglas Hospital was a consequence of the hospital's breaches of the standard of care. Katheryn Hayes Tucker, Daily Report, Law.com 05/29/2012 | Read Article: Law.com |
Healthcare |
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Challenges to Peer Review Confidentiality Rising |
| Physicians historically have enjoyed state protections when discussing a colleague’s behavior or analyzing an adverse event in peer review committees. At least 45 states prevent disclosure of what is said during such meetings to facilitate open communication and foster better health care. But a recent rise in legal challenges against peer review protections is putting doctors’ confidentiality — and the process itself — at risk, legal experts and physicians say. Alicia Gallegos, American Medical News 05/29/2012 | Read Article: American Medical News |
Class Action |
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Settlement Approved in Female Inmate Shackling Suit |
| A federal judge has granted preliminary approval to a $4.1 million settlement in a class-action lawsuit filed by a group of female inmates in Cook County Jail who were allegedly "shackled" while pregnant and in labor. In 1999, the state of Illinois implemented a law banning the practice of shackling female inmates who were in labor. The 80 plaintiffs in the suit will receive approximately $35,000 each from the settlement, the Chicago Tribune reports. Colleen Mastony , Chicago Tribune 05/23/2012 | Read Article: Chicago Tribune |
TEXAS LAWYER CASE SUMMARIES |
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Houston's 14th Court of Appeals: Torts |
| A plastic-bag manufacturing company sued a former sales representative, and the representative counterclaimed. The jury found in favor of the company on some claims and against it on others. The trial court rendered judgment that each party take nothing. Sufficiency of the evidence is measured against the commonly understood meaning of undefined words when the jury has been charged to give those terms such meaning. The trial court's judgment is affirmed. Houston Poly Bag I Ltd. v. Kujanek, Houston's 14th Court of Appeals, No. 14-10-00734-CV, 05-22-2012. , Texas Lawyer Opinions (TTLA Members Only) 05/29/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Personal Injury |
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Extra Injured on Movie Set to Receive $18.5 Million |
| Paramount Pictures and Dreamworks will pay $18.5 million to settle a lawsuit with an extra on the movie "Transformers 3" who suffered brain damage when injured on set in 2010. The woman was hit in the head by a steel cable that snapped while pulling a stunt vehicle, becoming paralyzed on the left side of her body. Stephanie Rabiner, Reuters 05/24/2012 | Read Article: Reuters |
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