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| | Deaths Linked to Cantaloupe Could Reach 16 or More | |
| | Health officials say as many as 16 people have died from possible listeria illnesses traced to Colorado cantaloupes, the deadliest food outbreak in more than a decade. The CDC said Tuesday that they have confirmed two deaths in Texas and one death each in in Kansas, Missouri and Nebraska. Last week the CDC reported two deaths in Colorado, four deaths in New Mexico, one in Oklahoma and one in Maryland. Associated Press, The Washington Post 09/28/2011 | | Read Article: The Washington Post | | Laws/Cases | |
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| | Judge Awards KBR Lawyers Only Court Costs in Rape Trial | |
| | A former KBR employee, Jamie Leigh Jones, who unsuccessfully sued the company in connection with a rape she alleged took place in her barracks room shortly after arriving in Baghdad in 2005, lost again when a Houston federal judge awarded KBR's lawyers $145,000 in court costs for the trial that ended in July. In a motion filed last month, the company's lawyers had asked for more than $2M in fees. A U.S. District ruled that Jones did not have to pay that. Citing federal rules of procedure, he ruled that he did not have the option of declining to order reimbursement of the costs KBR's lawyers incurred because of the trial. He ruled she had to pay $145,000 in court costs. Ellison did not agree that Jones' case, however flawed, fell to the level of a frivolous lawsuit, as claimed by KBR. "The fact that Jones presented prima facie claims of sexual harassment and hostile work environment highlights the impropriety of an award of attorneys' fees in this case," the judge stated in his order. "While the flaws in plaintiffs' testimony may have strengthened KBR's arguments and lent to its ultimate success in this case, they do not indicate frivolity or bad faith so as to justify the imposition of attorneys' fees." Mike Tolson, Houston Chronicle 09/28/2011 | | Read Article: Houston Chronicle | | Prosecutor Goes on Trial in Nurse Retaliation Case | |
| | A jury is to hear opening statements in the trial of a West Texas prosecutor accused of retaliating against two nurses who complained about the prosecutor's friend. Winkler County Attorney Scott Tidwell is charged with two counts each of misuse of official information, retaliation and official oppression. Testimony will begin after Tuesday's statements. Former Winkler County Sheriff Robert Roberts lost his job and was sentenced to 100 days in jail his conviction of retaliating against the two whistle-blowing nurses. Associated Press, Houston Chronicle 09/28/2011 | | Read Article: Houston Chronicle | | Lawsuit Says Utility Responsible for Massive Texas Wildfir | |
| | A utility knew about wildfire dangers amid Texas’ severe drought but failed to remove dead trees and branches near power lines that sparked the most destructive wildfire in state history, an attorney said Tuesday after filing a lawsuit for some families who lost their homes. A Texas Forest Service investigation into the Sept. 4 Bastrop fire near Austin determined that the blaze started after wind gusts caused limbs and a dead tree to topple onto power lines. However, the report did not blame Bluebonnet Electric Cooperative for the blaze that destroyed more than 1,500 Central Texas homes and left two people dead. Associated Press, The Washington Post 09/28/2011 | | Read Article: The Washington Post | | U.S. Supreme Court to Decide if Private Lawyers Who Work for Governments can be Sued | |
| | The Supreme Court prepared for its fall session Tuesday by announcing seven new cases it will hear next year, including one that will determine whether private lawyers hired as outside counsels for governments can be sued. An attorney wants the high court to throw out a lawsuit against him that was filed because of some government work he accepted. He was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave. Associated Press, Chicago Tribune 09/28/2011 | | Read Article: Chicago Tribune | | California's Noneconomic Damages Cap Upheld | |
| | The Court of Appeal of the State of California, 5th Appellate District, has upheld the state's $250,000 noneconomic damages cap, reaffirming what physicians nationwide consider the gold standard among tort reforms. In its Sept. 1 opinion, the court said the cap was enacted on valid rationale and does not compromise citizens' rights. Alicia Gallegos, American Medical News 09/28/2011 | | Read Article: American Medical News | | Lawsuit Filed Against Fraternity Recruitment Process | |
| | A lawsuit has been filed against a University of Texas fraternity over alleged inappropriate actions that occurred during the recruitment process. The lawsuit accuses the Texas Omicron fraternity of hazing and having "professional exotic dancers perform live sex acts for recruitment purposes." The lawsuit was filed by the national office of Kappa Alpha Order, of which the fraternity was formerly a chapter. Steven Kreytak, Austin American Statesman 09/27/2011 | | Read Article: Austin American Statesman | | Changes in West Virginia Autism Care Laws Targeted in Suit | |
| | A West Virginia autism group has filed a lawsuit against the state over a new rule that “has allegedly devastated [behavioral] analysts' ability to provide services to autistic children." The new law forces behavior analysts to work under the supervision of a licensed psychologist, which makes patients pay for the services of both, the lawsuit claims. This will leave analysts without the ability to provide the urgent, daily care some of their patients need, the plaintiffs say. Zac Taylor, The Charleston Gazette 09/26/2011 | | Read Article: The Charleston Gazette | | Suit: Man Improperly Fired from Job over Weight | |
| | A Houston man has filed a lawsuit against his former employer, BAE Systems, claiming he was fired because of his weight. According to the lawsuit, the 600-pound man said he was told that, because of his weight, he could no longer perform his job duties and was fired, despite his protesting. According to the lawsuit, the plaintiff claims he had excellent performance evaluations and was not afforded proper accommodations under the Americans with Disabilities Act. L.M. Sixel, Houston Chronicle 09/28/2011 | | Read Article: Houston Chronicle | |
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