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August 23, 2011

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Hip Implant Complaints Surge, Even as the Dangers Are Studied

LegalZoom.com to Settle Suit in Missouri

3M Settles $3 Million Age Discrimination Suit

Lawyer says Vatican Didn’t Turn Over all Documents in Sex Abuse Case

Philly School Disctrict Settles Teasing Lawsuit

Jury Selection in Product Liability Case Delayed

Hyundai Design Defect Caused Girl's Death: 5th Circ.

Suit: Louisiana Officer Tased 7-Year-Old Boy

Windstorm Insurance to Increase 5%

More Excuses and Delays From the V.A.

 

 

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Announcements

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TTLA Is Going To NAPA

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Fine Wine, Fine Food,Fine Company, Fine CLE. September 22—25, 2011 * Villagio Inn. Villagio Inn and Spa in Yountville will be our home away from home while we make our way around the vineyards of NAPA Valley. While in NAPA you will enjoy some of the best selections of wines produced in the area. Our chairs Bob Haslam and Clay Miller will also bring us six hours of informative CLE.  

 

TTLA on Twitter: Do you Tweet?

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You can now follow TTLA on Twitter and retweet posts with your followers. Social media tools offer an opportunity to cut through the noise of those groups working daily to dismantle the jury system. Let’s work together turn up the volume, join us today!  

 

TTLA on Facebook: Turn up the volume!

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Spread the truth about the civil justice system and rise above the chatter of the so-called “tort reformers’” propaganda machine. Become a fan of TTLA by liking the TTLA Facebook page and one click of the mouse shares relevant posts with your Facebook friends.  

 

Products

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Hip Implant Complaints Surge, Even as the Dangers Are Studied

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The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting that serious problems persist with some types of artificial hips even as researchers scramble to evaluate the health dangers. An analysis of federal data by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports since January about several widely used devices known as metal-on-metal hips, more than the agency had received about those devices in the previous four years combined. The mounting complaints confirm what many experts have feared — that all-metal replacement hips are on a trajectory to become the biggest and most costly medical implant problem since Medtronic recalled a widely used heart device component in 2007.  BARRY MEIER & JANET ROBERTS, The New York Times  08/23/2011

Read Article: The New York Times    

 

Laws/Cases

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LegalZoom.com to Settle Suit in Missouri

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LegalZoom.com Inc. has agreed to a $5 million settlement in a class-action lawsuit filed by Missouri residents against the legal document vendor. The lawsuit claims LegalZoom.com is not "licensed to provide legal services in Missouri," and that the documents may be defective. The plaintiffs are to file a motion for preliminary approval of the settlement by Sept. 23, the Kansas City Star reports. LegalZoom also plans to adopt some changes to its practices so it can continue to offer services in the state.  Chris Blank, Kansas City Star  08/22/2011

Read Article: Kansas City Star    

 

3M Settles $3 Million Age Discrimination Suit

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The U.S. Equal Employment Opportunity Commission announced that tech company 3M has agreed to a $3 million settlement in an age discrimination lawsuit filed by employees. The lawsuit was filed by hundreds of employees over the age of 45, who accuse the company of laying them off over a three-year period from 2003-2006.  Staff and Wire Report, NewsOK.com  08/23/2011

Read Article: NewsOK.com    

 

Lawyer says Vatican Didn’t Turn Over all Documents in Sex Abuse Case

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An attorney for a man who claims he was sexually abused by an Oregon priest in the 1960s said Monday that the Vatican failed to produce all court-ordered documents in the case, and that papers it did turn over show how the Vatican exercises firm control over the placement and removal of offending priests. Both claims were quickly disputed by a church lawyer who said the Vatican gave Minnesota-based attorney Jeffrey Anderson all its documents pertaining to the late Rev. Andrew Ronan. Anderson has filed a lawsuit on behalf of a man who alleges Ronan abused him when he was assigned to Portland, Ore.  Associated Press, The Washington Post  08/23/2011

Read Article: The Washington Post    

 

Philly School Disctrict Settles Teasing Lawsuit

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The Cherry Hill School District in Philadelphia has settled a federal civil-rights lawsuit with the parents of a student who was given an inappropriate nickname by one of her teachers. The lawsuit claimed the teacher instructed his students to call the girl "Handy," and encouraged his students to torment her. The teasing got so harsh the girl was forced to leave the school, her parents said in their suit. The lawsuit was settled for an unspecified amount.  Staff Report , Philadelphia Inquirer  08/23/2011

Read Article: Philadelphia Inquirer    

 

Jury Selection in Product Liability Case Delayed

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Jury selection has been delayed in a product liability case filed by a former Belleville police sergeant blinded after being shot in the face by a homicide suspect. Jon Brough has sued ballistic shield manufacturer Safariland, alleging the company improperly marketed the shield for use in dynamic entries. Brough was blinded and lost the sense of smell and taste in the November 2006 shooting by a cornered murder suspect who later killed himself. Brough's lawyers contended during a hearing Monday in St. Clair County Circuit Court that Safariland withheld documents that could have helped them in their civil case against the company.  Associated Press, San Angelo Standard-Times  08/23/2011

Read Article: San Angelo Standard-Times    

 

Hyundai Design Defect Caused Girl's Death: 5th Circ.

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The Fifth Circuit on Friday upheld a $810,000 jury verdict against Hyundai Motor Co. Ltd., finding there was sufficient evidence that a design defect in Hyundai's Tucson SUV caused the death of a Texas girl. According to the lawsuit, Hyundai's 2005 Tucson was defectively designed because its front passenger seat could recline by more than 45 degrees, an unsafe position that allowed passengers to be ejected from the SUV even if they were wearing a seatbelt. The Fifth Circuit ruled that the jury properly concluded that the SUV's seat design was unreasonably dangerous and that the evidence was far from overwhelmingly in Hyundai's favor.  Bibeka Shrestha, Law360.com, n/a  08/23/2011

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Suit: Louisiana Officer Tased 7-Year-Old Boy

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A Louisiana family has filed a lawsuit against a Gretna, La., police officer who allegedly Tasered a 7-year-old boy during a traffic stop. According to the lawsuit, the officer Tased both the driver and his son after the driver declined to step out of the car during the traffic stop. The boy was treated for burns on his leg caused by the shock. The suit is seeking $325,000 in damages from the officer, the department and the city.  Paul Purpura, New Orleans Times-Picayune  08/22/2011

Read Article: New Orleans Times-Picayune    

 

Insurance

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Windstorm Insurance to Increase 5%

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The Texas Windstorm Insurance Association, which insurers property in 14 coastal counties and a sliver of Harris County, has filed a 5 percent rate hike with state regulators that would apply to home and commercial customers. In a letter to regulators, the insurer notes it really needs a 28 percent hike for homeowners and a 35 percent increase in commercial rates, but earlier this summer, TWIA's board signaled it intended to stick to a long-term strategy, started last year, of implementing 5 percent increases annually until it feels rates are adequate to cover potential claims.  Purva Patel, Houston Chronicle  08/23/2011

Read Article: Houston Chronicle    

 

Editorials/Columns/Letters

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More Excuses and Delays From the V.A.

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It has been more than three months since a panel of the United States Court of Appeals for the Ninth Circuit accused the Department of Veterans Affairs of “unchecked incompetence” and unconscionable delays in caring for veterans with mental health problems. Instead of working with the plaintiffs to address the court’s concerns, the V.A. is appealing the ruling. The judges pointedly noted that the agency had no suicide prevention officers at any of its outpatient clinics and that 70 percent of its health facilities had no systems to track potentially suicidal patients. The court agreed with the plaintiffs that “systemwide” changes were needed at the V.A., especially given the rising flood of veterans returning from Iraq and Afghanistan. It ordered the case back to the district court so a plan could be devised.  , The New York Times  08/23/2011

Read Article: The New York Times    


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