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Best Kept Trial Secrets: What Happens in Vegas Stays in 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. February 23-25, 2012, Bellagio Hotel, Las Vegas, 8 hrs. MCLE w/ 1 hr. Ethics |
Products |
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400 Shades of Lipstick Found to contain Lead, FDA Says |
| A recent federal analysis showing that 400 shades of popular lipstick contained trace amounts of lead has exacerbated an ongoing dispute between regulators and consumer activists over how much lead is safe in cosmetics. Five lipsticks made by L’Oreal and Maybelline, owned by L’Oreal USA, ranked among the top 10 most contaminated of the cosmetics, according to testing by the Food and Drug Administration. Two Cover Girl and two NARS lipsticks also landed in the top 10, as did one made by Stargazer. Dina ElBoghdady, The Washington Post 02/15/2012 | Read Article: The Washington Post |
St. Jude Heart Device Exposes Failure of Safety Monitoring, Doctor Says |
| St. Jude Medical Inc. Riata, a cable used in heart defibrillators, is the latest example of a defective medical device that wasn’t spotted quickly enough because U.S. surveillance systems are lacking, according to an article in the New England Journal of Medicine. The company stopped selling the wires in December 2010, and recalled the products a year later because they could break through Riata’s insulation coating and cause a failure. Still, 79,000 of thr so-called leads are inside U.S. patients, said Robert Hauser, a Minneapolis Heart Institute cardiologist. Michelle Fay Cortez, Bloomberg 02/15/2012 | Read Article: Bloomberg |
Laws/Cases |
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Suit Filed Over Death of Galveston Plant Worker |
| The family of a plant worker in Galveston, Texas, has filed a wrongful death lawsuit against the owners of the plant. The man died of "accidental mechanical asphyxia" after becoming entangled in some of the machinery in the plant. The lawsuit is seeking unspecified damages. T.J. Aulds, Galveston County - The Daily News 02/15/2012 | Read Article: Galveston County - The Daily News |
Death of Lost Dementia Patient Sparks Lawsuit |
| A lawsuit has been filed against a California shuttle bus company over the death of an elderly woman with dementia who died after going missing for 10 days. The lawsuit claims the shuttle dropped the man off and the wrong location and he wandered off, becoming lost in the San Francisco area. The suit accuses the bus driver and shuttle company of "elder abuse and negligence" in failing to ensure the man's safety. Staff Report, San Francisco Chronicle 02/08/2012 | Read Article: San Francisco Chronicle |
Court Shields U.S. Military from Health Suit |
| Puerto Rican residents have lost their latest effort to hold the federal government accountable for health problems allegedly caused by decades of military exercises and weapons testing on Vieques Island. The U.S. Court of Appeals for the 1st Circuit in Boston ruled on Tuesday that the federal government is shielded from the suit by sovereign immunity, a doctrine that prevents the government from being sued without its consent. Reuters, Reuters 02/15/2012 | Read Article: Reuters |
City Sues Over 2010 Pipe Blast |
| San Francisco's city attorney sued the federal agency in charge of pipeline safety, alleging that its response to a deadly 2010 natural-gas pipeline accident near the city shows it is "shirking" its duty to protect the public from leaks and explosions. The lawsuit claims the Pipeline and Hazardous Materials Safety Administration, a tiny agency responsible for overseeing the operation of 2.6 million miles of pipelines in the U.S., is doing an inadequate job of enforcing a federal safety act that has been on the books for four decades. It seeks unspecified relief from a U.S. district court in San Francisco. REBECCA SMITH , Wall Street Journal - $$ Subscription Required 02/15/2012 | Read Article: Wall Street Journal - $$ Subscription Required($) |
5 States May Intervene in Honda Hybrid Settlement |
| A judge on Tuesday granted California and four other states more time to consider objecting to a class-action settlement between Honda Motor Co. and car owners over inflated fuel-efficiency claims about the automaker's hybrid vehicles. The states' sudden interest in the proposed settlement came shortly after Honda owner Heather Peters won $9,867 in small claims court — much more than the couple hundred dollars cash that the settlement is offering. Associated Press, ABC News 02/15/2012 | Read Article: ABC News |
Healthcare |
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More Doctors 'Fire' Vaccine Refusers |
| Pediatricians fed up with parents who refuse to vaccinate their children out of concern it can cause autism or other problems increasingly are "firing" such families from their practices, raising questions about a doctor's responsibility to these patients. Medical associations don't recommend such patient bans, but the practice appears to be growing, according to vaccine researchers. SHIRLEY S. WANG, Wall Street Journal - $$ Subscription Required 02/15/2012 | Read Article: Wall Street Journal - $$ Subscription Required($) |
TEXAS LAWYER CASE SUMMARIES |
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El Paso Court of Appeals: Torts |
| In this suit following a car accident, the defendants obtained a hybrid no-evidence and traditional summary judgment. A trial court renders summary judgment based, in part, on the pleadings that are on file at the time of the hearing. Where a liberal reading of appellants' live petition shows that appellants neither nominally nor substantively pleaded joint-enterprise liability in their live petition, the appellees were not required to challenge the theory in seeking summary judgment. The trial court's judgment is affirmed. Salazar v. Ramos, El Paso Court of Appeals, No. 08-10-00206-CV, 02-08-2012. , Texas Lawyer Opinions (TTLA Members Only) 02/15/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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