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October 24, 2011

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Suit: Alabama Counties Excluding Blacks From Juries

Police Interrogation Tactics Questioned in Lawsuit

Train Derailment Suit Settled for $22.5 Million

Class-Action Suit Regarding Overtime Pay Settled

W.Va. Judge Affirms Most of $91.5M Damage Award

Lawsuit: State Farm Denied Claims for Ike-Damaged Shingles

Study: Digital Media Skewing Perception of Civil Awards

As States Cut Court Budgets, Who Pays The Price?

 

 

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Announcements

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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!  

 

Laws/Cases

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Suit: Alabama Counties Excluding Blacks From Juries

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A group of African-American men have filed a lawsuit against Houston and Henry County prosecutors, claiming they have been excluded from juries due to their race. According to the suit, the district attorney "illegally excluded qualified blacks from serving on juries in serious felony cases, especially capital cases, for decades." In a five-year span, the suit alleges that 82 percent of qualified black jurors have been excluded from death penalty cases.  Staff Report, Montgomery News  10/19/2011

Read Article: Montgomery News    

 

Police Interrogation Tactics Questioned in Lawsuit

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A group of parents in Douglas County, Ga., have filed a lawsuit against the sheriff's department over interrogation tactics after the death of a local teen at a party in November. The parents claim in their suit that police "more than 60 children were put on a prisoner bus and taken to police headquarters for questioning." The children, none of whom were suspects, were not allowed to call their parents and were forced to sit on the bus for hours. Four teens have been arrested and charged with murder, the Atlanta Journal-Constitution reports.  Angel K. Brooks , Atlanta Journal-Constitution  10/19/2011

Read Article: Atlanta Journal-Constitution    

 

Train Derailment Suit Settled for $22.5 Million

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An Illinois man has been awarded $22.5 million to settle a lawsuit over the death of his wife in a train derailment accident in 2009. The lawsuit accused the Canadian National Railway Company of negligence in the "operation, maintenance and supervision of the train" as well as the maintenance of the track. The derailed train was carrying 74 tankers filled with ethanol and exploded into a giant fireball, engulfing the plaintiff's car, which sat waiting at a train crossing.  Staff Report, Chicago Tribune  10/18/2011

Read Article: Chicago Tribune    

 

Class-Action Suit Regarding Overtime Pay Settled

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Sutherland Global Services Ltd. has agreed to settle a class-action lawsuit with its call-center employees regarding unpaid overtime. The lawsuit claimed employees regularly worked more than 40 hours a week but were not paid for their overtime worked. The $4 million settlement will be distributed among the more than 100 plaintiffs in the suit.  Staff Report, Rochester Democrat & Chronicle  10/24/2011

Read Article: Rochester Democrat & Chronicle    

 

W.Va. Judge Affirms Most of $91.5M Damage Award

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A Kanawha County judge has affirmed most of a $91.5 million damage award against a Charleston nursing home in a lawsuit that claimed it failed to properly feed and care for an elderly woman who died hours after leaving the facility. Media outlets reported Friday that Circuit Judge Paul Zakaib Jr. cut about $400,000 from the jury's award in the lawsuit against Heartland of Charleston. The jury awarded $5 million in non-economic damages, but Zakaib ruled that 20 percent of that is subject to West Virginia's $500,000 cap on such damages in medical malpractice cases.  Associated Press, San Antonio Express News  10/24/2011

Read Article: San Antonio Express News    

 

Lawsuit: State Farm Denied Claims for Ike-Damaged Shingles

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A lawsuit, filed in Galveston, alleges State Farm considered lifted shingles that weren't creased anded Shingles had no debris beneath them as undamaged. In some instances, the lawsuit alleges, State Farm flatly told consumers that lifted shingles wouldn't be taken into account when estimating damages - despite a bulletin from at least one shingle manufacturer that shingles would not reseal after being lifted.  Purva Patel, Houston Chronicle  10/24/2011

Read Article: Houston Chronicle    

 

Issues

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Study: Digital Media Skewing Perception of Civil Awards

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The Center for Justice & Democracy has published a report claiming that digital media has skewed the public's perception of civil cases by covering only the most sensational, and sometimes frivolous, outcomes. The center's executive director said that online media's short bursts of news with quick headlines "commonly emphasize large monetary awards, which do not reflect typical verdicts, and rarely note the misconduct that led to the verdict in the first place." The report tracked news over an 80-day period, finding verdicts reported on were 192 times higher than the national average of damages awarded.  Staff Report, Fair Warning  10/24/2011

Read Article: Fair Warning    

 

As States Cut Court Budgets, Who Pays The Price?

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As many states are coping with diminished budgets, they're slashing funding to court systems. This has led to delays in traffic hearings, divorce proceedings and other issues affecting everyday Americans. Some analysts are worrying about states' abilities to dispense justice. Michel Martin speaks with Mary McQueen of the National Center for State Courts.  , National Public Radio  10/24/2011

Read Article: National Public Radio    


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