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| Announcements |
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TTLA Annual Conference has moved to June 1-3 in Austin |
| We’ll be hosting all the events you’ve come to expect from our December conference. Between the 2-day CLE, parties, meetings, legislative update & special events, you’ll leave the live music capital of the world feeling energized, connected, and bad to the bone! Check out the CLE program agendas for Wednesday and Thursday, which include a live video presentation with David Ball plus family friendly events to make this a true vacation opportunity. Click on the headline to register! |
Laws/Cases |
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Vegas Police to Pay $1 Million in Man's Death |
| The Las Vegas Metropolitan Police Department has agreed to a $1 million settlement in a lawsuit filed over the death of a mentally ill man two years ago at the hands of police officers. The officers had entered the man's home to bring him in for a mental evaluation - he suffered schizophrenia and bipolar disorder - when the man attempted to escape. One of the officers used a neck hold to restrain the man, and the medical examiner ruled the man's death was from "cardiopulmonary arrest as a result of the neck restraint." Brian Haynes, Las Vegas Review Journal 05/23/2011 | Read Article: Las Vegas Review Journal |
Deputy DUI Crash Leads to $4.75 Million Settlement |
| Los Angeles County has approved a $4.75 million settlement in a lawsuit filed over a car accident caused by an intoxicated sheriff's deputy. The lawsuit claims the officer was intoxicated and speeding when he crashed into the driver’s side of the other vehicle, causing severe injuries to the passengers in the car. The payout may have been higher, the Los Angeles Times reported, had the driver of the other vehicle not been under the influence of narcotics at the time. The deputy was sentenced to six months in prison for drunk driving. Robert Faturechi, LA Times 05/23/2011 | Read Article: LA Times |
Suit: AT&T Overcharging iPhone, iPad Users |
| A class-action suit has been filed against AT&T that claims the company is overcharging customers for "phantom data transactions" on their iPhones and iPads. The firm that filed the suit claimed they did a test, leaving an iPhone unused for 10 days, only to find it still wracked up 35 data transactions. The company is also overcharging its users by as much as "100 kilobytes of data per 50-kilobytes charged," according to the lawsuit. David Lazarus, LA Times 05/23/2011 | Read Article: LA Times |
TEXAS LAWYER CASE SUMMARIES |
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Houston's 14th Court of Appeals: Health Law |
| A patient was admitted to a hospital with complications from diabetes, where she fell into a coma. She was discharged to a larger hospital, and then hospice care, where she died. The trial court's judgment is affirmed. Plaintiffs sued the hospital and two doctors. The trial court entered judgment for the plaintiffs, awarding 40 percent of the damages the jury found. Testimony established a causal link between the injuries the hospital caused and all subsequent medical care that he patient received. There was legally sufficient evidence to support the jury's award of medical expenses. A jury determining pecuniary loss may look beyond evidence of calculable financial contributions and is not necessarily limited by an economist's testimony about some of the considerations included in pecuniary loss. The trial court did not err by refusing to apply the one-satisfaction rule. Pecuniary losses such as those awarded here are not encompassed by the term "custodial services," and therefore the award is governed by Texas Civil Practice and Remedies Code §74.503(b), which provides that the trial court may in its discretion order periodic payments. The trial court did not abuse its discretion in ordering that the hospital shall bear all taxable costs. Christus Health v. Dorriety, Houston's 14th Court of Appeals, No. 14-09-00927-CV, 05-19-2011. , Texas Lawyer Opinions (TTLA Members Only) 05/24/2011 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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