Announcements | | | Share with your FB friends! | | Report: State Medical Boards Fail to Discipline Doctors with Hospital Actions Against Them, Public Citizen March 2011. "An analysis of the National Practitioner Data Bank Public Use File for 1990-2009 found that of a total of 10,672 physicians in the data bank with one or more clinical privilege actions — revocation or restriction of their clinical privileges — 45% also had one or more state licensing actions. However 5,887, or 55%, of these physicians — more than half — had no state licensing actions. This report is an analysis of violations by and the privileging actions taken against these physicians who, despite clinical privilege actions, escaped any state licensing action." Click on headline to access report. | Upcoming Seminars & Events. | | Road Rules: A CRASH Course: March 29, Houston and April 6, San Antonio.******The Persuasive Edge: The Art of Communication and Influence, with Eric Oliver. April 29-30, Houston.******TTLA Annual Conference (formerly Midyear). June 1-3, Austin. Learn more at www.TTLA.com | Laws/Cases | | | Jury Awards $11.5M in Fatal Police Shooting | | The wife and son of a man killed by a Prince George’s County police officer were awarded $11.5M by a jury after it found the officer liable in the fatal shooting. Espina, 43, was shot by Cpl. Steven Jackson in a Langley Park apartment building in August 2008, when Jackson was moonlighting as a security guard. The jury found that Jackson intentionally violated Espina’s constitutional rights, that he acted with malice, that he did not act in self-defense. Ruben Castaneda, The Washington Post 03/17/2011 | Read Article: The Washington Post | Family of Mexican Migrant Killed at Border Crossing Sues US | | A wrongful death lawsuit against the federal government charges that a Mexican man was beaten by immigration agents before one of them fired a stun gun several times as he lie on the ground. The family of Anastacio Hernandez argues in its suit that agents used excessive force at a San Diego border crossing on May 28, killing the 42-year-old construction worker. Associated Press, The Washington Post 03/17/2011 | Read Article: The Washington Post | Suit Filed Against Woman Who Got Teacher Fired | | A Philadelphia physics teacher who was fired for having an alleged relationship with a female student has filed a lawsuit against his accuser, claiming slander and libel. According to the lawsuit, the female student lied about when their relationship began, saying she began "dating" the teacher eight years ago while a senior at his high school. The plaintiff, however, states in the suit that the relationship began at least a year later and that the woman recently accused him, and got him fired, because she was jealous he was seeing another woman. Stephanie Farr, Philadelphia Inquirer 03/17/2011 | Read Article: Philadelphia Inquirer | Oakland Settles Suit with Fan Over Broken Arm | | The city of Oakland has agreed to a $412,500 settlement in a lawsuit filed against the city by a man whose arm was broken during a police crackdown at an Oakland Raiders game. According to the suit, a fight broke out in the stands during a Raiders-49ers game in 2008 a few rows from the plaintiff. One of the police officers who responded tackled the plaintiff, bending his arm back and snapping his elbow, even though he was not involved in the fight. Wire Report, San Jose Mercury News 03/16/2011 | Read Article: San Jose Mercury News | Insurance | | | TEXAS LAWYER CASE SUMMARIES | | | 5th U.S. Circuit Court of Appeals: Torts - defamation | | Derek Harris and his mother, Phyllis Harris, brought suit against the Pontotoc County School District and its superintendent, alleging that Derek was denied his due process rights and defamed, and that Mrs. Harris had her First Amendment rights violated and suffered tortious interference with her contract of employment with the school district. Summary judgment was granted to the defendants. Derek was given explanations of the accusations against him and an opportunity to respond to them. That process was sufficient. In cases of mixed speech or motives, the speaker must have spoken predominantly as a citizen to trigger First Amendment protection. If the speech is not of public concern, the employer's motivations for taking action against the employee are not questioned. The summary judgment is affirmed. Harris v. Pontotoc County School District, 5th U.S. Circuit Court of Appeals, No. 10-60392, 03-10-2011. , Texas Lawyer Opinions (TTLA Members Only) 03/17/2011 | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | | | |