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March 25, 2011

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Man Fell From Roller Coaster and Died, Suit Filed

Discrimination Suit Filed Against Auburn

Woman Forced to Choose Job or Religion, Suit Says

Suit Filed Over Fatal Drunk Driving Accident

Sexual Assault Suit Filed Against American Apparel CEO

Court of Appeals: Arbitration

J&J Risperdal Letter Violated Consumer Law, Jury Finds

CA Jury Issues $3.52M Verdict Against Wells Fargo

 

 

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Op-ed: Texas laws already protect insurance industry by Robert (Bob) Haslam, Fort Worth Star Telegram 3-22-11. Gov. Rick Perry's proposals for Texas' legal system would help his insurance company contributors further increase their profits on the backs of those least able to help themselves after being injured by others' negligence -- and limit the already small recoveries available to plaintiffs in Texas. Perry recently called for lawsuit "losers" to pay their opponents' legal expenses and for an "early dismissal" option to get rid of "frivolous" suits. He said these components would help the state's legal and economic climate. Click on the headline to read more.  

 

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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

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Man Fell From Roller Coaster and Died, Suit Filed

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A lawsuit has been filed over the death of a man who fell from a roller coaster during this year's Houston Livestock Show and Rodeo. The wrongful death suit was filed on behalf of the man's family, but the cause of the accident has not been determined. Rodeo officials do not believe the roller coaster malfunctioned "because the safety bar and belt were still in place after the accident."  Wire Report, Houston Chronicle  03/25/2011

Read Article: Houston Chronicle    

 

Discrimination Suit Filed Against Auburn

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A group of nine former employees at the University of Auburn have filed a lawsuit against the university claiming they were fired or reassigned because of their race. The lawsuit alleges Auburn racially discriminated against the plaintiffs because they were black. During a recent reorganization, 10 of the 11 employees who lost their jobs were black, the suit states.  Wire Report, The New York Times  03/24/2011

Read Article: The New York Times    

 

Woman Forced to Choose Job or Religion, Suit Says

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The U.S. Justice Department has filed a lawsuit against a school district in a Chicago suburb on behalf of a math teacher who was forced to choose between her religion and her job. According to the lawsuit, the school declined the teacher's request for unpaid time off to make a pilgrimage to Mecca, and she quit her job and went anyway. The suit claims religious discrimination and a violation of civil rights.  Jerry Markon, San Francisco Chronicle  03/24/2011

Read Article: San Francisco Chronicle    

 

Suit Filed Over Fatal Drunk Driving Accident

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A lawsuit has been filed over a car crash last December that killed a 7-year-old girl in Pittsburgh. The suit alleges the driver who caused the wreck was intoxicated more than twice the legal limit and that the bar in which he was drinking continued to serve him well passed when they should. The defendant is currently jailed on a third-degree murder charge for reckless actions to the point of being malicious.  Wire Report, Pittsburgh Post-Gazette  03/25/2011

Read Article: Pittsburgh Post-Gazette    

 

Sexual Assault Suit Filed Against American Apparel CEO

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A former American Apparel employee has filed a lawsuit against CEO Dov Charney accusing him of sexual assault. In the suit, the woman claims Charney sent her inappropriate text messages and sexually assaulted her during what she thought was a job interview at his home. This is the second suit filed against Charney this month accusing him of sexual assault.  Nathan Olivarez-Giles, LA Times  03/24/2011

Read Article: LA Times    

 

Court of Appeals: Arbitration

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The Dallas Court of Appeals found that plain language in the Weekley Homes Handbook gives Weekley Homes the unilateral power, at any time, to refuse to enforce any policy or provision in the Handbook. One provision expressly allowed Weekley Homes to deny it was bound by other policies set forth in its own document. The questionable arbitration clause was, therefore, illusory and unenforceable. The Dallas Court of Appeals applied established law and conducted a detailed analysis of the applicable handbook provisions in deciding to affirm the trial court decision to refuse arbitration. WEEKLEY HOMES, L.P. d/b/a DAVID WEEKLEY HOMES, WEEKLEY HOMES BUSINESS TRUST, DAVID WEEKLY, AND RANDY BRADEN, Appellant V. LEN RAO, Appellee  , N/A  03/25/2011

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J&J Risperdal Letter Violated Consumer Law, Jury Finds

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A Johnson & Johnson unit violated consumer-protection laws by sending South Carolina doctors a misleading letter about the safety and effectiveness of the antipsychotic drug Risperdal, a jury concluded. Jurors in state court in Spartanburg, South Carolina, found that J&J’s Ortho-McNeil-Janssen Pharmaceuticals unit engaged in “unfair and deceptive acts” by sending a 2003 letter touting Risperdal as better and safer than competing drugs to more than 7,000 doctors across the state. A judge will decide later whether the drugmaker should pay $36M in penalties over the mailings.  Jef Feeley & Gary Henderson, Bloomberg, Bloomberg  03/25/2011

Read Article: Bloomberg    

 

CA Jury Issues $3.52M Verdict Against Wells Fargo

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A jury has awarded $3.52M in damages to a class of Los Angeles homeowners who sued Wells Fargo & Co. for lending discrimination. The class members had alleged that Wells Fargo discriminated in its lending practices so that borrowers in predominantly minority neighborhoods were forced to pay more. On March 23, a jury found that race, color, ancestry or national origin was a "motivating reason for Wells Fargo's conduct," according to the verdict.  Amanda Bronstad, The National Law Journal - $$ Subscription Required  03/25/2011

Read Article: The National Law Journal - $$ Subscription Required($)    


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