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TX Supreme Court Finalizes TX Rule of Judicial Administration 16 |
| Texas Supreme Court finalizes Texas Rule of Judicial Administration 16, which outlines how lawyers and judges can seek extra resources for highly complex cases. The court issued its final approval for a new judicial rule allowing trial courts presiding over highly complex cases to ask for extra resources like staff attorneys, a bigger courtroom or additional technology. (Texas Lawyer, Angela Morris) Click on headline to learn more. |
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. |
Study |
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Hospital Report Cards Fall Flat |
| Seven years after the federal government started publicly reporting hospitals' performance on quality measures, evidence suggests that this transparency effort has not improved patient outcomes measurably. The latest discouraging finding is in a study in the March issue of Health Affairs that analyzes death rates among Medicare patients with heart attack, heart failure and pneumonia in the five years before the launch of the government's Hospital Compare website and in the three years afterward. Kevin B. O'Reilly, American Medical News 03/19/2012 | Read Article: American Medical News |
Laws/Cases |
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Suit: Ford Hid Info on Faulty Fuel Tank Lining |
| A lawsuit has been filed against Ford Motor Co., alleging the company sold trucks with defective fuel tank linings for a decade, hiding the information from customers. In 2007, Ford issued a "secret" memo to its dealerships about the problem, but did not go public with the information or issue a recall. The defective lining can flake off and clog the fuel system, leading to loss of engine power and sudden stalls. Jonathan Stempel, Reuters 03/15/2012 | Read Article: Reuters |
Insurance Co. Ordered to Pay Homeowner $8M |
| An elderly Hollywood Hills resident whose home was nearly destroyed when a dump truck crashed into it, rupturing a gas line and causing an explosion, was awarded more than $8 million after jurors found that his insurance company of more than 50 years failed to honor its contract. The Los Angeles County Superior Court jury last week found that Residence Mutual Insurance Co. not only acted with malice and fraud in failing to fulfill its $220,000 policy with Robert Christopher, who was 86 at the time of the 2008 accident, but noted that its conduct was directed at a senior citizen, who is considered under California law more vulnerable than other members of the population. Andrew Blankstein and Richard Winton, LA Times 03/19/2012 | Read Article: LA Times |
NY Mets Owners Settle in Madoff-Related Case |
| The New York Mets owners and a trustee for Bernard Madoff's fraud victims settled Monday for $162 million in a case aimed at repairing the damage from a massive investment scheme. The Mets owners will not pay anything for three years. Trustee Irving Picard had argued the team owners knew that Madoff's corrupt investment scheme was a fraud but continued their investments anyway because they were making a lot of money. Lawyers for the owners insist their clients had no idea the investments were a sham. LAWRENCE NEUMEISTER, AP, Austin American Statesman 03/19/2012 | Read Article: Austin American Statesman |
Joking Between Friends Becomes Texas Supreme Court Case |
| Bennie Dale Morris used to be a regular at Frank's Place -- eating meals and drinking coffee several times a day at the smoke-filled cafe -- until the restaurant owner's joking around got a little too personal. In fact, Morris and longtime restaurant owner Phong Van Meter, who used to be friends, are now in a classic he-said, she-said legal standoff with First Amendment implications that may wind up before the Texas Supreme Court. At issue is whether her loud jokes in front of customers, in which she is accused of implying that Morris is gay -- a suggestion that he and his friend vehemently deny -- went too far. Elizabeth Campbell, Star Telegram 03/19/2012 | Read Article: Star Telegram |
Doctors Can be Sued for Third-Party Injuries |
| After David Ragsdale shot his wife to death in a church parking lot, the woman’s family decided Ragsdale was not the only person responsible. Relatives sued Ragsdale’s family physician, Hugo Rodier, MD, and a nurse, claiming that a toxic combination of prescriptions led to Ragsdale’s deadly actions. Dr. Rodier’s attorneys argued that Ragsdale’s children had no standing to sue because they had no patient relationship with the medical personnel. The Supreme Court of Utah on Feb. 28 ruled in favor of the children, finding that Dr. Rodier and his staff can be held liable for their patient’s actions. The decision will impact how doctors practice medicine and force them to consider all third parties who might be affected by a prescription decision, said Mark Fotheringham, a spokesman for the Utah Medical Assn. Alicia Gallegos, American Medical News 03/19/2012 | Read Article: American Medical News |
Annuity Case Chills Insurance Agents |
| Last month, Glenn Neasham, an independent insurance agent, was ordered to spend 90 days in jail on a felony-theft conviction for selling a complex annuity to an 83-year-old woman who prosecutors alleged had shown signs of dementia. The agent's conviction, by a state-court jury in Lake County, Calif., is sending shivers down the spines of Mr. Neasham's peers across the country. The case underlines authorities' continuing discomfort with "indexed" annuities, savings products that pay interest tied to the performance of stock- and bond-market indexes. Insurers guarantee that buyers won't lose any of their principal but in return charge sometimes-steep penalties if investors withdraw their money early, for periods that can stretch beyond a decade. LESLIE SCISM, Wall Street Journal - $$ Subscription Required 03/19/2012 | Read Article: Wall Street Journal - $$ Subscription Required($) |
Judge in CA OKs Honda Mileage Settlement |
| A judge approved a settlement Friday to give owners of Honda Civic hybrids up to $200 each over claims that the fuel economy of the cars was inflated, casting aside arguments that a motorist's victory in small claims court entitled other owners to a larger award. Superior Court Judge Timothy Taylor said the essence of a settlement is compromise. ELLIOT SPAGAT, Bloomberg 03/19/2012 | Read Article: Bloomberg |
SC Residents’ Lawsuit Claims Water Made Them Sick |
| A group of Anderson, S.C., residents have filed a multimillion-dollar lawsuit against the regional water system, claiming they became seriously ill because of safety lapses. The Anderson Independent-Mail reports that the lawsuit seeks a minimum of $7 million from the Anderson Joint Regional Water System and the Broadway water district. The district is part of the larger regional system. Associated Press, Claims Journal 03/19/2012 | Read Article: Claims Journal |
Labor/Employment |
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Pharmaceutical Age Discrimination Lawsuit Settled |
| A Las Vegas man has been awarded $1.8M in a discrimination lawsuit filed against drug company Hoffmann-La Roche Inc. The plaintiff filed the suit in 2009, claiming that after more than 30 years of working for La Roche, he began to experience discrimination because he was over 50. His suit claims his boss "repeatedly referred to him as 'old school'...and suggested he was not a proper fit for the 'new environment'." The lawsuit was filed under the federal Age Discrimination in Employment Act. Steve Green, Las Vegas Sun 03/19/2012 | Read Article: Las Vegas Sun |
Wrongful Death |
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Police Officer-Caused Wreck Prompts Lawsuit |
| The death of a Georgia man killed in an accident with a police cruiser has prompted a $5 million lawsuit against the Gwinnett County Police Department and the officer involved in the crash. According to the lawsuit, the police officer was responding to a call, "traveling between 78 and 80 mph with no emergency flashing lights or sirens" when he slammed into the car driven by the victim. The police officer was suspended after an investigation found he had been speeding, but no criminal charges were filed. Andria Simmons , Atlanta Journal-Constitution 03/19/2012 | Read Article: Atlanta Journal-Constitution |
City Pays $1.4 Million in Suit Over Bus Accident |
| The city of Columbia, Mo., has agreed to pay $1.4 million to the family of a local man who died in 2010 after an accident with a city bus. According to the suit, the bus driver did not see the plaintiff on his motorcycle when the bus made a left hand turn, causing the accident. The suit accused the driver of negligence, and he was sentenced to six months in the local prison. Brennan David, Columbia Daily Tribune 03/18/2012 | Read Article: Columbia Daily Tribune |
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