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  January 11, 2013

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The Plaintiff's Resource

Upcoming Online CLE

16
Jan

Utilizing a Qualified Settlement Fund: what are they, how they work, and when they should be considered

23
Jan

Power Tips, Tricks and Tools for Unleashing the Value of Your List Server

29
Jan

How the Defense Values a Case

30
Jan

Medicare Secondary Payer Workshop: 2012 Update

Announcements


 

 

What's better than Vegas? Hearing the legendary Jim Perdue, Sr. in Vegas on Friday, Feb 22!

2013 Vegas CLE, February 21-23,Bellagio Hotel,Las Vegas. Don't gamble with your cases. 48 hours in Vegas can change your practice forever! Join some of TTLA's battle-tested veterans and emerging superstars in Las Vegas for a CLE experience that'll change your luck in the courtroom. Our most popular destination CLE, Sin City plays host to legendary TTLA speakers, including Jim Perdue, Sr. and Jim Perdue, Jr. in a special joint presentation. Click on the headline to learn more.  

 

Laws/Cases


 

 

Suit Filed over Fatal December Plane Crash

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A lawsuit has been filed against a company owned by the late singer Jenni Rivera, naming the company a defendant in a suit filed on behalf of four members of her entourage who died along with the star in a December plane crash. The suit names Starwood Management, Jenni Rivera Enterprises and two other companies in the suit, saying they are responsible for choosing the 43-year-old Learjet that crashed into mountains in Mexico. The suit is seeking punitive damages against the current owners of the aircraft as well as the previous owner, who sold the plane last year.
Adolfo Flores, LA Times 01/11/2013   Facebook iconTwitter iconLinkedIn Icon

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Woman Sexually Harassed by Pastor, Suit Says

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An employee at a Tacoma, Wash., church has filed a lawsuit against the church pastor, accusing him of sexually harassing her for a number of years. In the suit, the plaintiff says the pastor made "frequent unwanted sexual advances toward her, engaged in unwanted physical touching, told her about his sex life in grotesque detail." The woman also says regional church officials were aware of the harassment and did nothing to stop it.
Adam Lynn, The News Tribune 01/10/2013   Facebook iconTwitter iconLinkedIn Icon

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Burger King Franchisee Settles Harassment Suit

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A large Burger King franchisee has agreed to pay $2.5 million to settle a 14-year-long sexual harassment lawsuit. The suit, filed by female employees in dozens of Burger King restaurants owned by Carrols Corp., claimed the plaintiffs were subjected to "obscene comments, unwanted touching, exposure of genitalia, strip searches and rape."
Wire Report, Seattle Times 01/10/2013   Facebook iconTwitter iconLinkedIn Icon

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Supreme Court Sides with Nike in Trademark Suit

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The Supreme Court has ruled in favor of Nike Inc. by prohibiting a smaller rival from suing the company over a trademark challenge. The issue stemmed from a suit Nike filed against the smaller company of trademark infringement. This prompted the smaller company, Already LLC, to counter-sue to void the trademark. In the court ruling Chief Justice John Roberts wrote that when Already LLC refused to drop their suit after Nike dropped theirs, it created an atmosphere that may encourage companies to "use litigation as a 'weapon' rather than as a last resort to settle disputes, which could discourage innovation."
Staff Report, Chicago Tribune 01/09/2013   Facebook iconTwitter iconLinkedIn Icon

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Texas Court Mulls Pet Owners' Right to Emotional Damage

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In 2009, Avery, a spotted mixed-breed dog, escaped from his Fort Worth home and was taken to a city animal shelter where workers promised to hold him until his owners picked him up. Instead, he was put to death. Avery's owners sued the shelter employee who mistakenly ordered the killing, raising an emotionally charged issue argued Thursday at the Texas Supreme Court: Can people be compensated for the sentimental value of a lost pet? Texas law awards damages for the "market value" of a lost pet, which is defined as the price the animal would fetch at sale. But it is an open question in Texas whether pet owners can also be compensated for their emotional losses. The issue has split courts in other states.
NATHAN KOPPEL, Wall Street Journal - $$ Subscription Required 01/11/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death


 

 

Fatal Nashville House Fire Prompts Suit

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The death of a young woman in a house fire in East Nashville last spring has prompted a lawsuit by the girl's family against the owner of the home. The suit claims the owner of the home and property management company "kept the property in poor condition" and never acted on lease violations that threatened residents and guests. When the fire started, the suit states, no smoke alarms went off, which could have given residents and guests the time to escape.
Nate Rau and Bobby Allyn, Tennessean 01/11/2013   Facebook iconTwitter iconLinkedIn Icon

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