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November 2, 2015 Like TTLA on Facebook Follow TTLA on Twitter

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Texas Tribune Daily Brief

The Brief for Nov 2
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Madlin Mekelburg and John Reynolds, Texas Tribune 11/02/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Editorials/Columns/Letters

Falkenberg: Doctor Accused in Rape Unlikely to be Held Liable in Civil Court
On Oct. 19, Laura's (the Houston mother of two says she was raped in her hospital bed by a doctor) attorney sued Dr. Shafeeq Sheikh, Baylor, Ben Taub and Harris Health, alleging, among other things, negligence. Baylor's lawyers have submitted to the court a proposed order to dismiss Sheikh from the case, as "mandated" by law. The law he cited "tort claims" chapter of the Civil Practice and Remedies Code. Additionally, in 2003, as part of a tort reform package, lawmakers tweaked the definition of medical liability claims to include breaches in "standard of care" and safety. With some dissent, courts construed that definition to include sexual assault in the health care setting.
Lisa Falkenberg, Houston Chronicle 11/02/2015 Facebook iconTwitter iconLinkedIn icon
Read Article: Houston Chronicle


Issues

Hundreds of Officers Lose licenses Over Sexual Misconduct
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In a yearlong investigation of sexual misconduct by U.S. law enforcement, The Associated Press uncovered about 1,000 officers who lost their badges in a six-year period for rape, sodomy and other sexual assault; sex crimes that included possession of child pornography; or sexual misconduct such as propositioning citizens or having consensual but prohibited on-duty intercourse. In interviews, lawyers and even police chiefs told the AP that some departments also stay quiet about improprieties to limit liability, allowing bad officers to quietly resign, keep their certification and sometimes jump to other jobs.
MATT SEDENSKY & NOMAAN MERCHANT, AP, Star Telegram 11/02/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Telegram

Series: Beware the Fine Print
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By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.
JESSICA SILVER-GREENBERG and ROBERT GEBELOFF, The New York Times 11/02/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Laws/Cases

Parents of Slain Restaurant Manager Awarded $12.7M
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A judge has awarded the parents of a restaurant manager who was shot and killed $12.7 million after they filed a lawsuit. The pizza restaurant manager was shot during a robbery orchestrated by a restaurant employee and a former employee. Another employee of the restaurant, who was present during the robbery, was shot eight times, but survived. The two men involved are current serving time for the shooting and robbery. With the way that the jury assigned liability, the parents are only likely to collect about $900,000 in the case.
John Lynch, Arkansas Democrat-Gazette 10/31/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Arkansas Democrat-Gazette

Family of Detroit Woman Killed by Detergent Awarded $5M
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The family of a Detroit woman who died at a retirement home after ingesting detergent has been awarded $5 million. The 90-year-old woman's family filed the lawsuit after the woman died in 2012. According to the lawsuit, the woman ingested dishwasher detergent that she obtained from her kitchen cabinet. She died 13 days after the incident after suffering severe burns, the lawsuit states. The lawsuit alleged that Watermark Retirement Communities did not provide the woman proper supervision or secure cabinets at the facility.
Staff Report, personalinjury.com 11/02/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: personalinjury.com


Products

2008-09 Honda Accords Recalled for Airbag Issue
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Honda has issued a recall on 2008 and 2009 Accords due to a problem with the side airbags. According to the recall, the side airbags in the car can inflate when the door is shut too hard. The recall involves more than 300,000 of the midsize cars. Honda has received nearly 20 injury claims by people who say they were injured when the airbags inflated. Recall notices are expected to be sent by mail in mid-December.
Staff Report, Columbus Dispatch 10/30/2015 Facebook iconTwitter iconLinkedIn Icon
Read Article: Columbus Dispatch



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