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Appeals Court Revives Suit Against United Airlines |
| A federal appeals court has revived a lawsuit against United Airlines Inc. over a transfer policy the company adopted regarding workers with disabilities. In the suit, the Equal Employment Opportunity Commission claimed the Americans with Disabilities Act requires United to "move workers losing their jobs because of disability to vacant jobs for which they are qualified." The three-judge panel agreed in their revival of the suit. The case will go back to a Chicago district judge with the new standard in mind. Jonathan Stempel, Chicago Tribune 09/07/2012 | Read Article: Chicago Tribune |
TMLA Creates Rebuttable Presumption |
| Does the Texas Medical Liability Act (TMLA), the 2003 tort reform measure aimed at protecting medical professionals from unfounded malpractice claims, apply when a patient accuses a doctor of assault? On Aug. 31, the Texas Supreme Court's answer to the question was yes, with conditions. The court's 5-4 decision in Loaisiga, et al. v. Cerda held that the TMLA creates a rebuttable presumption that a patient's assault claim against a medical professional is a health-care liability claim (HCLC) governed by the act. John Council, Texas Lawyer 09/10/2012 | Read Article: Texas Lawyer |
Steffy: Lawyer Has Uphill Battle in Workers' Comp Case |
| A Houston attorney, has filed a motion asking the Texas Supreme Court to revisit, yet again, a decision that eliminated the right for employees injured on the job to sue workers' compensation insurers who act in bad faith. Bad faith cases in workers' comp are rare. Few attorneys are even willing to take them, and unless his last-ditch effort succeeds, this legal last resort now may be closed to injured workers. In June, the Supreme Court issued a split decision that essentially granted immunity to workers' comp insurers in bad faith cases by ruling against Timothy Ruttiger of Galveston. Bad faith is a legal term that refers to a malicious refusal to perform a duty. Loren Steffy, Houston Chronicle 09/10/2012 | Read Article: Houston Chronicle |
Spill Settlement Offers Trickle Out |
| Thousands of Gulf Coast residents damaged by the 2010 oil spill have to decide soon whether to participate in a class action settlement, yet most still don't know what the deal will offer. The Deepwater Horizon Claims Center, appointed by the federal judge overseeing spill litigation to coordinate claims under the settlement, reported last week that about 60,000 businesses and individuals have filed claims for medical or economic damages. Only 3,347, or about 5 percent, have gotten settlement offers since the center opened shop on June 4. Emily Pickrell, San Antonio Express News 09/10/2012 | Read Article: San Antonio Express News |
Insurance |
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State Farm Announces 20% Rate Hike for Homeowners |
| State Farm Lloyds of Texas said Friday that it intends to raise homeowner policy rates in Texas by an average of 20 percent. In a move that drew criticism, the state's largest writer of homeowners insurance submitted a notice of the increase to the TDI. The changes will be effective Nov. 1 for new customers and Dec. 1 for existing customers, if the change is not denied by the department. Some of State Farm's 1.25 million homeowner insurance customers could see boosts of less than 20 percent, while others could have rates increased more than 20 percent, the company said. Tim Eaton, Austin American Statesman 09/10/2012 | Read Article: Austin American Statesman |
Texas DA Investigating State Farm Hurricane Claims |
| Texas investigators have opened a criminal probe into how State Farm handled what may turn out to be thousands of insurance claims from Gulf Coast homeowners involving damage from Hurricane Ike in 2008, officials said Friday. Gregg Cox, head of the public integrity unit of the Travis County District Attorney's office in Austin, said his team began its investigation months ago and he wasn't sure how long it would take. WILL WEISSERT, AP , Austin American Statesman 09/10/2012 | Read Article: Austin American Statesman |
$271 Million Paid Out in Bastrop Fire Claims |
| The top 10 writers of homeowners insurance in Texas paid out claims exceeding $271 million related to last year's Bastrop wildfires, the TDI reports. Almost $258 million of that was paid to 4,729 residential property claims. The total also includes claims for commercial property and personal and commercial automobiles. Audrey White , Texas Tribune 09/10/2012 | Read Article: Texas Tribune |
Class Action |
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Organic Dairy Farm Settles Class-Action Suit |
| Aurora Organic Dairy has agreed to settle a class-action lawsuit for $7.5 million of allegedly "deceptive" marketing claims. The suit claimed labels on the products depicting a "bucolic existence for dairy cows" is deceptive and that the company may have violated federal organic standards. Barry Shlachter, Ft. Worth Star Telegram 09/09/2012 | Read Article: Ft. Worth Star Telegram |
Wrongful Death |
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Suit Settled With Family of Boy Run Over by Disney Bus |
| A wrongful death lawsuit has been settled over the death of a 9-year-old boy who was run over by a Walt Disney World bus in April 2010. The suit, which was settled for an undisclosed amount, claimed the bus driver was responsible for the boy's death. Florida highway patrol officers said the boy accidentally rode his bike into the bus, falling off and was run over by the back right tire. No criminal charges have been filed. Susan Jacobson, Orlando Sentinel 09/08/2012 | Read Article: Orlando Sentinel |
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