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February 28, 2012

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Nissan Recalling 79,000 Nissan and Infiniti Vehicles

Possible BP Deal Could Tap $14B in Fund

Fla. Lawmakers Cut Claim Sought for Paralyzed Boy

Settlement Considered in Medical Malpractice Suit

W. Pa. Wells Had Casing Failures in Complaint Area

Class-Action Suit Filed Over Spam Text Messages

Google Unified Privacy Settings Unsettle Users

Suit Over Man's Death at Inebriation Clinic Settled

 

 

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Announcements

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TTLA BRIEFCASE: Court Transcript - Judge Dietz Discusses Internet Use with Jurors

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TTLA Past President Tommy Jacks shared an excerpt of a trial transcript from a recent case before State District Judge John Dietz in Austin. The excerpt is Judge Dietz’ remarks to the jury regarding the issues that can arise from jurors’ use of the internet to find information related to the case they’re hearing. Click on the headline to access the TTLA Briefcase.  

 

Horrifying Footage: 18-wheeler flips on a Dallas freeway.

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Horrifying Footage: 18-wheeler flips on a Dallas freeway. Click on headline to watch. Sources: CNN, WFAA, TXDOT  

 

Products

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Nissan Recalling 79,000 Nissan and Infiniti Vehicles

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Nissan says it is recalling more than 79,000 vehicles in the U.S. to fix possible gasoline leaks. The automaker is recalling certain Nissan Juke small crossover SUVs, Infiniti QX large SUVs and Infiniti M sedans from the 2011 and 2012 model years. The National Highway Traffic Safety Administration says on its website that fuel pressure sensors on the vehicles may not be tight enough and gasoline could leak and cause a fire. Nissan says no fires have been reported.  Associated Press, The Washington Post  02/28/2012

Read Article: The Washington Post    

 

Laws/Cases

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Possible BP Deal Could Tap $14B in Fund

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A settlement being discussed between BP and attorneys for hundreds of businesses and others suing over the Deepwater Horizon disaster could tap billions of dollars remaining in a claims fund set up after the accident. BP pledged $20 billion to the fund in the summer of 2010, but only about $6 billion has been paid to Gulf Coast businesses and individuals. Under one possible deal, the fund would be closed and the balance of about $14 billion used to settle legal claims, according to a person familiar with the negotiations. If such a settlement between BP and the steering committee of attorneys for private plaintiffs is reached, it wouldn't resolve civil claims from the federal or state governments that are also involved in the case, the person said. BP and other companies involved in the case also still may face criminal liability under federal anti-pollution laws.  Loren Steffy, Houston Chronicle  02/28/2012

Read Article: Houston Chronicle    

 

Fla. Lawmakers Cut Claim Sought for Paralyzed Boy

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Florida lawmakers (FL Senate Rules Committee) have sharply reduced compensation in a claims bill for a CO boy who suffered catastrophic injuries due to negligence by a public hospital where he was born in Fort Myers. The panel reduced to $1M a proposed $30.8M payment that a jury awarded to 14-year-old Aaron Edwards for negligence by Lee Memorial Health System. A House committee last week voted for an even lower figure of $10 million.  BILL KACZOR, AP, Palm Beach Post  02/28/2012

Read Article: Palm Beach Post    

 

Settlement Considered in Medical Malpractice Suit

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Los Angeles County officials are set to approve a $2.3 million medical malpractice settlement in a lawsuit filed against Rancho Los Amigos National Rehabilitation Center by a former patient. In the suit, the patient said he fell in a bathroom at the center, injuring his head, but was cleared by staff members to leave the center to spend time with his family. While away, the man suffered bleeding in his brain, the suit states. The suit accuses the center's staff of failing to thoroughly examine the man before discharging him.  Staff Report, Contra Costa Times  02/26/2012

Read Article: Contra Costa Times    

 

Issues

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W. Pa. Wells Had Casing Failures in Complaint Area

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At least two gas wells near a community that's complained of sudden drinking water pollution developed casing problems during the drilling process, but neither Rex Energy Corp. nor state environmental regulators disclosed those problems during recent discussions about the contamination. A cement well casing is meant to prevent natural gas or fluids from leaking into nearby aquifers during the drilling and hydrofracturing, or fracking, of wells.  KEVIN BEGOS, AP, Yahoo News  02/28/2012

Read Article: Yahoo News    

 

Class Action

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Class-Action Suit Filed Over Spam Text Messages

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A class-action lawsuit in Florida has been filed against a Miami Gardens gentlemen's club over spam text messages sent out to patrons. The lawsuit claims the messages - 280 sent to the lead plaintiff in the suit in one year - violate the Telephone Consumer Protection Act, which limits unsolicited marketing calls. The plaintiffs are seeking up to $500 per message.  Stephanie Rabiner, Reuters  02/28/2012

Read Article: Reuters    

 

Technology

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Google Unified Privacy Settings Unsettle Users

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Google will begin Thursday creating far more comprehensive profiles of its users by following their activities across the company’s Web sites. From videos watched on YouTube to the terms typed in a Google search, tracking such behaviors will enable the firm to sell ads better suited to its customers’ tastes. Users won’t be able to opt out. If they don’t like the change, Google has said, they can avoid signing into their accounts or stop using Google products altogether. But that’s easier said than done, experts say. For the 350 million people using Gmail around the world, moving to a new e-mail program is perhaps more inconvenient than changing a mailing address or a bank account.  Cecilia Kang, The Washington Post  02/28/2012

Read Article: The Washington Post    

 

Wrongful Death

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Suit Over Man's Death at Inebriation Clinic Settled

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The Prestera Center in West Virginia has agreed to settle a $1 million lawsuit with the family of a man who died of a cocaine overdose at the center's Dunbar inebriation shelter. The lawsuit claims that workers failed to regularly check on the man after he was dropped off at the shelter by local police, and he died nine hours later. The center has also been cited by the state for violating various state rules and requirements.  Zac Taylor, The Charleston Gazette  02/28/2012

Read Article: The Charleston Gazette    


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