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| Announcements |
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Volunteer to End Distracted Driving |
| The American Association for Justice and the non-profit group End Distracted Driving (EndDD) have teamed up to engage plaintiff’s lawyers in helping to spread the message about the dangers of distracted driving, and to get attorneys involved in the movement to end this dangerous practice. As April has been designated National Distracted Driving Awareness Month, TTLA is encouraging our membership to get involved and become advocates for safer driving in our Texas communities. Please see the message below, and click on the links to find out how you can volunteer to help end distracted driving in Texas. Click on the headline to learn more. |
Laws/Cases |
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Female Service Members Sue U.S. Military for Alleged Rape |
| Eight current and former U.S. service members filed a lawsuit Tuesday alleging they were raped, sexually assaulted or harassed while serving in the military and were retaliated against once they reported the abuse. Among the defendants named in the suit are current and former Defense and Navy secretaries and Marine Corps commandants. The suit outlines a pattern of abuse and portrays, in grim detail, the alleged experiences of the eight female service members -- two former Marine Corps officers, one active duty enlisted Marine, one former enlisted member of the Marine Corps and four former enlisted members of the Navy. Stacey Samuel, CNN 03/07/2012 | Read Article: CNN |
Wal-Mart Asks Judge to Reject TX Class-Action Bias Suit |
| Wal-Mart Stores asked a federal judge in Dallas to reject a proposed class-action lawsuit in which women allege that the world's largest retailer discriminated against Texas female workers over pay and promotions. The company said the statute of limitations bars the claims. "The time for asserting class allegations on these claims has passed," it said Monday in court papers. And the case can't be pursued as a class action because the claims made by the plaintiffs have little in common, Wal-Mart said. Tom Korosec, Bloomberg, Star Telegram 03/07/2012 | Read Article: Star Telegram |
Jury Awards $25 Million in Suit Against Cigarette Co. |
| A Florida jury has awarded $25 million in punitive damages to a local widow in a lawsuit against Lorillard Inc., makers of Newport cigarettes. The woman's husband died of lung cancer in 1995, and she filed suit against the company, claiming cigarettes were responsible. Last week, the jury awarded the woman $16 million in compensatory damages. Susannah Nesmith, Bloomberg 03/06/2012 | Read Article: Bloomberg |
Healthcare |
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Ohio Nursing Home Where Man Died After Meth Lab Fire Was Cited for 18 Violations Last Year |
| The northeast Ohio nursing home where a man was killed and several other people were injured in a fire from a methamphetamine lab was cited last year for inadequate care and numerous other violations, state records show. An initial investigation of the Sunday fire at Park Haven Home in Ashtabula, east of Cleveland, indicated the blaze broke out in a room where someone apparently had brought in what was needed to make meth, rather than a room used as a makeshift lab, the Ohio Department of Health said. Associated Press, The Washington Post 03/07/2012 | Read Article: The Washington Post |
Class Action |
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Brazilian Blowout Makers Settle Class-Action Suit |
| A $4.5 million settlement has been reached in a class-action lawsuit against the maker of the hair-straightening product Brazilian Blowout. The lawsuit was filed after it was discovered the product emitted formaldehyde gas, causing health problems. As part of the settlement, the company will include a warning label on the product, alerting customers to potential health issues. Andrew Martin, The New York Times 03/05/2012 | Read Article: The New York Times |
Technology |
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False Friends: The Ethical Limits of Discovery Via Social Media |
| While publicly accessible information is likely "fair game" for evidentiary use, and private posts (whose distribution may be limited to "friends," "followers", or other designated individuals) can -- and often should -- be included in discovery requests to opposing counsel, there may be times when attorneys would prefer to do their own investigations of any non-public social media posts rather than disclose their strategies by making open-ended discovery queries. In such circumstances, attorneys may be tempted to try to "become friends" with an opposing party or witness on a service like Facebook and thus gain access to posts and files not available to the general public. Such "false friending," though, has been rejected as unethical practice by multiple state and local bars. Whether the contact is with a party or a witness, is done by or at the direction of the attorney, and involves false information or merely not disclosing the real reason for (and source of) the friend request, these investigations are generally viewed as impermissible. Jonathan I. Ezor, Law Technology News, Law.com 03/07/2012 | Read Article: Law.com |
Editorials/Columns/Letters |
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Kessler: Stuck in Arbitration |
| A growing number of consumers and job seekers discover, when something goes wrong, that they have unknowingly agreed to waive their right to file a lawsuit. Instead, they must submit to arbitration. For some, arbitration proves too costly to pursue. Among those who can afford the fees, many learn they cannot enforce their legal rights because arbitration decisions do not need to be based on the law; arbitrators have their own procedures, and some studies have found that they are systematically biased in favor of the companies that hire them. Amalia D. Kessler, a professor of law and legal history at Stanford University, The New York Times 03/07/2012 | Read Article: The New York Times |
Wrongful Death |
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Restaurant Named in DUI Wrongful Death Lawsuit |
| The death of a South Carolina man in a DUI accident has prompted a lawsuit against a Charleston restaurant where the driver responsible for the crash worked. The suit, filed by the family of the man who was killed, alleges Husk restaurant allowed one of its employees to "drink alcohol there past the legal bar closing time of 2 a.m." The man has been charged with felony driving under the influence. The lawsuit is seeking unspecified damages. Harriet McLeod, Reuters 03/01/2012 | Read Article: Reuters |
Three Lawsuits Filed Against Drug Pradaxa |
| Three lawsuits have been filed against the makers of the drug Pradaxa, a stroke-prevention medication, over the drugs alleged "deadly" side effects. In the 13 months after it was approved in October 2010, there have been 260 patients taking Pradaxa who have fatally bled out. The lawsuits are seeking unspecified damages. Staff Report, Houston Chronicle 03/07/2012 | Read Article: Houston Chronicle |
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