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October 10, 2014 Like TTLA on Facebook Follow TTLA on Twitter

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Market-Based Solutions for Structured Settlement Claimants

Upcoming Online CLE
21
Oct
How LHWCA or DBA Claims Work
30
Oct
When the NTSB is involved - Litigating Transportation Accidents involving the National Transportation Safety Board
4
Nov
Power Tips and Tricks for Using Your List Server
Announcements

Save the Date
TTLA Members: please mark your calendars to attend the TTLA Annual Membership Meeting & Board of Directors Meeting December 4th & 5th at the Sheraton in Austin. Details and registration information coming soon.

Litigation in Commercial Vehicle Crashes
The folks at Texas LawBook, (http://texaslawbook.net), a subscription-only online business litigation publication, are sharing a recent article on commercial vehicle litigation with the TTLA membership. Click on the headline to access the article.

Texas Tribune Daily Brief

The Brief for Oct 10
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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Injury Data by Race Goes Uncollected in Texas
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The Texas Division of Workers' Compensation has not compiled useful racial statistics on injured workers for several years, despite a 1993 state law that requires the division to maintain information on the race and gender of every valid injury claim, known as a 'compensable injury.' The state used to do a better job of gathering such information. Records show a majority of the claims tracked electronically included race when the law first went on the books in the early 1990s. But compliance has slipped, and by last year less than 8 percent of those claims indicated a worker's race and ethnicity.
Jay Root, Texas Tribune 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Lawsuit Contends School Failed to Address Bullying
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The family of a Chicago public school student who committed suicide has filed a lawsuit alleging that the school failed to follow procedures for handling bullying. The lawsuit contends that the 12-year-old girl who attended the Peirce School of International Studies, was targeted and bullied on numerous occasions. According to the lawsuit filed by the girl's mother, the school "failed to fully investigate the claims, intervene in the bullying and discipline any offenders." As a result, the lawsuit contends, the young girl "sustained physical and emotional injuries that led to her death on May 8, 2014." The lawsuit was filed in Cook County Circuit Court on Thursday.
Juan Perez, Jr., Chicago Tribune 10/09/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune


Healthcare

Baylor Hospital at Risk of Losing Hundreds of Millions in Federal Funding
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Baylor University Medical Center will lose hundreds of millions of dollars in federal funding if it doesn't quickly remedy deficiencies that put patients in 'immediate jeopardy' of their health and safety. The Centers for Medicare & Medicaid Services sent Baylor that warning this week after inspectors found several instances of psychiatric patients walking away from the hospital's emergency department before treatment concluded. If the hospital isn't in compliance, it will be terminated from the Medicare program effective Oct. 30, according to a letter sent to McWhorter from CMS. The letter is dated Oct. 7.
GARY JACOBSON, The Dallas Morning News 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Family of Dead U.S. Ebola Patient Question Hospital Care
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Thomas Eric Duncan's family has called for an investigation into his care as top infectious disease doctors said he might have survived if his treatment had begun earlier. The family cited his initial release from a hospital ER, which put him on the streets of Dallas for two days until he returned in an ambulance. The Texas Department of State Health Services said it is considering an investigation of the hospital where Duncan died. A lawsuit against the hospital or doctor in the Duncan case is likely to fail because Texas law makes specific exemptions for emergency care.
Bloomberg with assistance from Alex Wayne, Bloomberg 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg


Class Action

Red Bull Settles False Advertising Suit, Offers Refunds
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Energy drink maker Red Bull has settled a class action lawsuit by consumers alleging deceptive advertising. The group of consumers alleged in the lawsuit that the company lied in its advertising by claiming that the drinks contained only caffeine to provide energy, and not guarana, taurine and or other ingredients. The class action lawsuit also alleged that the company falsely advertised by claiming that the drink was a superior source of energy. As part of the settlement, Red Bull is offering a reimbursement for any consumer purchases over the last 10 years.
Gitte Laasby, Milwaukee Journal Sentinel 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Milwaukee Journal Sentinel



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