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November 14, 2011

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First-Generation iPod Nanos Recalled

Texas Nursing Home Hit with Wrongful Death Lawsuit

Five Lawsuits Filed By Families Of Kleen Energy Explosion Victims Are Settled

Suit: USA Swimming Fostered Culture of Sexual Abuse

Man Tased 11 Times by Police Files Lawsuit

Texas Steps Back From Stiffest Punishment of Lax Nursing Homes

Texas Drivers Hit Roadblocks After Filing Auto Insurance Claims

 

 

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Announcements

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Best Kept Trial Secrets: What Happens in Vegas Stays in Vegas

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Don't gamble with your cases. 48 hours in Vegas can change your practice forever! Join some of TTLA's battle-tested veterans and emerging superstars in Las Vegas for a CLE experience that'll change your luck in the courtroom. February 23-25, 2012, Bellagio Hotel, Las Vegas, 8 hrs. MCLE w/ 1 hr. Ethics  

 

TTLA Annual Meeting & Advanced PI CLE December 1-2, Hotel ZaZa Houston

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Formerly the TTLA Annual Conference, our December event is now the Annual Meeting & Advanced PI CLE! We've streamlined this event and we're now offering a one-day Advanced PI CLE, along with the Annual Membership & Board Meeting, President's Luncheon, and a spectacular Holiday Party at the home of Steve and Amber Mostyn. Topics include: Trucking, Immigration, Insurance Bad Faith, Discovery, Cross Examination And More!  

 

Products

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First-Generation iPod Nanos Recalled

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Apple has announced it will recall first-generation iPod Nanos after it was discovered the devices can overheat. The recalled products were sold between September 2005 and December 2006. The company said the issue stems from a manufacturing defect in the iPods' battery.  Brian Caulfield, Forbes  11/13/2011

Read Article: Forbes    

 

Laws/Cases

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Texas Nursing Home Hit with Wrongful Death Lawsuit

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A wrongful death lawsuit has been filed against a League City, Texas, nursing home over the death of a resident in March. The lawsuit claims the woman fell out of her bed and suffered head trauma, but was not checked out by doctors. She was "alert, coherent and in severe pain," but was put back to bed by nursing home staff, according to the suit. She was found hours later unresponsive in her bed. The lawsuit is seeking unspecified damages.  Chris Paschenko, KHOU-TV  11/14/2011

Read Article: KHOU-TV    

 

Five Lawsuits Filed By Families Of Kleen Energy Explosion Victims Are Settled

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Five of the six lawsuits filed by families of workers killed in the Kleen Energy plant explosion have been settled. Terms of the settlements could not be determined late Friday. Six workers were killed and several dozen injured in the Feb. 7, 2010, natural-gas explosion at the Middletown power plant. Lawyers for the plant operators and the victims have been in mediation sessions at Superior Court in Middletown since Monday to try to settle more than two dozen lawsuits related to the explosion.  Alaine Griffin, Hartford Courant  11/14/2011

Read Article: Hartford Courant    

 

Suit: USA Swimming Fostered Culture of Sexual Abuse

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A lawsuit has been filed against various groups and individuals associated with USA Swimming alleging the organization fostered a culture that "allows pedophile coaches to prey on the kids entrusted to their care." The suit comes on the heels of the conviction of a former swim coach who admitted to sexually assaulting a girl on his swim team. The lawsuit claims various USA Swimming officials were aware of allegations against the coach, but failed to do anything to protect the child. The lawsuit calls for the removal of various USA Swimming officials and coaches.  Chris Sikich, USA Today  11/12/2011

Read Article: USA Today    

 

Man Tased 11 Times by Police Files Lawsuit

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A Chicago man has filed a lawsuit against the Chicago Police Department after he was mistaken for a wanted man and allegedly Tased 11 times by police. The plaintiff was pulled over after rolling through a stop sign, and police, who may have confused him with a different man of similar name, say he fought violently with officers. He was found not guilty of several counts of aggravated battery on a police officer and resisting arrest. The suit accuses the department of using the charges as a way to justify the use of excessive force by the police officers.  Dan Hinkel, Chicago Tribune  11/11/2011

Read Article: Chicago Tribune    

 

Issues

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Texas Steps Back From Stiffest Punishment of Lax Nursing Homes

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Texas has rolled back its muscular nursing home enforcement in the past decade, and advocates and insiders fear that elderly and frail residents are at risk of abuse and neglect as some operators routinely cut corners. The state has all but stopped imposing the most severe penalties, such as revoking a home’s license and government contracts, or seeking a court-appointed overseer, The Dallas Morning News has found. State regulators whose job is to keep shoddy operators from owning or running homes have done cursory, and at times inaccurate, background checks that in at least one case failed to keep out a federally banned health-care provider. State budget cuts have reduced staff by about one-fourth since 2001, even as the number of nursing homes in Texas is virtually unchanged, at about 1,200. Legislative changes, especially limits on lawsuit damages passed in 2003, have virtually eliminated trial lawyers as de facto watchdogs of nursing homes. Other changes limited the state’s ability to fine nursing homes and have created an industry-friendly cadre of “quality monitors.”  ROBERT T. GARRETT , The Dallas Morning News  11/14/2011

Read Article: The Dallas Morning News    

 

Insurance

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Texas Drivers Hit Roadblocks After Filing Auto Insurance Claims

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A The Dallas Morning News analysis of the Insurance Department’s consumer complaint figures showed that 11 of the 25 largest auto insurers in the state — those with more than 100,000 policies — had a complaint index that was above average last year. Complaints that drivers filed with the state included such practices as delays in processing claims, “low-ball” offers and settlements, denial of claims and liability disputes. Alex Winslow of Texas Watch, a consumer group active in insurance issues, said unethical companies have an advantage because they undercut regular insurers on price largely because of the claims payment practices. “The business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up,” he said. I’m concerned the Insurance Department is not being aggressive in policing market conduct. They should be exercising more authority over these companies that are using questionable practices.”  TERRENCE STUTZ, The Dallas Morning News  11/14/2011

Read Article: The Dallas Morning News    


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