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  September 19, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Upcoming Online CLE
22
Sep
Opening Statement: It's About a Story
27
Sep
When a Sale Really Isnâ??t a Sale: False Discounts and Consumer Protection
28
Sep
Pituitary Injuries in TBI Cases - Ignore Them at Your Peril!
5
Oct
Just When You Thought It Was Over - The Turnabout In Class Action Litigation
6
Oct
Trying A Negligent Security Case: A Plaintiff Lawyers Guide To Destroying The Premises And Staying Out Of The Weeds.
11
Oct
Expert Investigations Using Plaintiff Only Databases
13
Oct
Common Mass Tort Litigation Hazards
18
Oct
Handling a UM/UIM Case
Announcements

 
Didn't make it to Austin? No worries! TTLA Car Wrecks Seminar is coming to Dallas
A must-attend program for anyone trying car wreck cases, this essential program provides relevant topics presented by your TTLA colleagues. Come away with the tools you need to compete in the courtroom! Happy Hour to follow hosted by the TTLA Advocates Board. Earn up to 7.0 hours MCLE credit including 1.0 hr ethics credit. Early Bird Registration ends September 30th, click on the headline to register.  

TTLA Annual Meeting: Registration is Open!
Join TTLA December 8-9, 2016 at the Adolphus Hotel in Dallas for the 2016 Annual Meeting and CLE Seminar. See this year's Keynote Speaker, Matthew Dowd, and other great speakers while earning up to 7.50 hours MCLE credit. Click on the headline to learn more.  

Texas Tribune Daily Brief

 
The Brief for Sept 19
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Alex Samuels, Texas Tribune 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Issues

 
Chemical Breakdown, Part 6: A Dangerous Job Made More Dangerous
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The fire department in the Houston has no information on where most hazardous chemicals are, forgetting lessons learned in a near-disaster 21 years ago, a Houston Chronicle investigation has found. Less than a quarter of hazardous materials facilities with permits have been inspected.
Matt Dempsey and Mark Collette, Houston Chronicle 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Laws/Cases

 
Iowa State Accused of Failing Rape Victim in Lawsuit
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Iowa State University is facing a lawsuit alleging that it botched the handing of a student's rape in 2014. The lawsuit filed in Story County Court alleges that the university took too long to respond to the student's sexual assault case and ended up re-victimizing her. As alleged in the complaint, university officials discouraged the plaintiff from formally reporting her March 2014 rape. In addition, the lawsuit contends that Iowa State University Police did not conduct an investigation into the sexual assault, which took place at a party on campus, until fall 2014.
Steffani Nolte, KCCI News Channel 8 09/15/2016   Facebook iconTwitter iconLinkedIn Icon
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Texas Police Officers Involved in Man's Paralyzation Released from Lawsuit
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Three police officers from Round Rock, Texas have been dismissed from an excessive force lawsuit. The lawsuit was filed by a man from Florence, Texas who alleged that the officers' excessive force during a 2014 traffic stop led to his paralyzation. The original plaintiff in the lawsuit, who was described by the court as heavily intoxicated, morbidly obese and handicapped, was forcibly removed from his vehicle during the traffic stop. He died five months after the incident and his mother continued the lawsuit against the Round Rock officers. The 5th U.S. Circuit Court of Appeals granted an appeal by the officers asking for their dismissal from the lawsuit, citing their immunity for acting within their roles as police officers.
Chuck Lindell, Austin American-Statesman 09/14/2016   Facebook iconTwitter iconLinkedIn Icon
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Tesla Facing Lawsuit Over Fatal Accident in China
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Automaker Tesla is facing a lawsuit over the death of a driver in China who may have been using his car's "Autopilot" feature. The 23-year-old driver was killed in January in a collision when his car ran into the back of a cleaning truck. The lawsuit against Tesla was filed by the driver's parents, who are seeking 10,000 yuan ($1,498) in compensation. The lawsuit was accepted by a court in Beijingâ??s Chaoyang district. Tesla officials say there is no way of knowing whether the driver was using the Autopilot because of the extensive damage to the vehicle.
Craig Trudell, The Insurance Journal 09/15/2016   Facebook iconTwitter iconLinkedIn Icon
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Galaxy Note7 User Files Suit Over Explosion, Burns
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A Florida man has filed suit against Samsung Electronics Co. alleging that he suffered severe burns when his phone exploded in his pocket. The lawsuit was filed one day after Samsung issued a recall on their Galaxy Note 7 smartphones. The 28-year-old plaintiff was shopping when his phone exploded in his pants, causing a deep second-degree burn to his right leg. The complaint also alleges that the plaintiff suffered burns to his thumb when he tried to remove the phone from his pocket. The lawsuit was filed in Florida state court and seeks unspecified damages for medical bills, lost wages, pain and suffering, and other alleged injuries.
Jonathan Stempel, The Insurance Journal 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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First Defense Verdict in Surgical Mesh Trial Is Upset by Mass. Appeals Court
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A Massachusetts appeals court has reversed the first defense verdict for Boston Scientific Corp. in a surgical mesh trial after concluding that excluding a supplierâ??s warning and two U.S. Food and Drug Administration letters gave jurors an â??incomplete pictureâ?? of the case. The intermediate-level Massachusetts Appeals Court found on Tuesday that allowing such evidence at trial would have given plaintiff Diane Albright the chance to counter defense counselâ??s repeated references that the FDA had â??clearedâ?? Boston Scientificâ??s Pinnacle pelvic floor repair kit for sale.
AMANDA BRONSTAD, Law.com 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Michigan Denies Flint Ability to File Suit Over Water Crisis
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The state of Michigan has reportedly taken away the ability for the city of Flint to file suit over lead-tainted water. The city filed a notice of intent against the state in March in an effort to file suit over the water crisis, which has left residents without clean tap water. The city of Flint denied Gov. Rick Snyder's and House Speaker Kevin Cotter's request to drop the lawsuit. The complaint was only dropped after a state-appointed board removed the city's ability to file suit, changing rules to require approval before litigation.
Dominic Adams, MLive 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Wrong Label on Medical Images Leads Ballplayer to File Suit
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Pablo Salazar III, a baseball pitcher from Pearland was selected by the St. Louis Cardinals last year in the 11th round of the MLB draft, claims in a lawsuit that he could have been drafted much earlier - and received a larger signing bonus - if Texas Orthopedic Hospital in Houston hadn't made a labeling error on radiographic images taken during surgery commonly used to examine and treat joint damage.
L.M. Sixel, Houston Chronicle 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Adderall Cases Across Texas Being Dismissed Due to Legislative Mix-Up
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Unbeknownst to DAs across the state, the Texas Legislature approved a bill last year that inadvertently decriminalized possession of Adderall and, it appears, other prescription amphetamines as well. Now the "Adderal cases" â?? as they are being called around the Harris County criminal courthouse â?? are being dismissed as jurisdictions across Texas work quietly to reverse convictions and get defendants out of jail. A Katy teen â?? after spending eight months behind bars at a state prison â?? has been released. More than 50 other cases in Harris County have also been identified for review. "It seems to me that he could have some sort of recourse, maybe a civil suit, against the state of Texas for imposing a sentence where his liberty was restricted for that amount of time," said the teen's attorney.
Brian Rogers, Houston Chronicle 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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Sandra Bland's Family Looks Forward from Lawsuit Settlement
 
Sandra Bland's family has reached a settlement in its wrongful death lawsuit against Waller County, several county employees and former Texas Department of Public Safety trooper Brian Encinia, who arrested Bland in a July 10, 2015 traffic stop that quickly became heated. Three days later, she was found dead in her Waller County Jail cell after being arrested for assaulting a public servant. Her death has been ruled a suicide, and raised questions about how the traffic stop itself and how local jails deal with mental health issues. The Bland family's attorney said all parties have agreed to terms including a $1.9 million payout to the family â?? $1.8 million from Waller County and $100,000 from DPS â?? and changes in jailing and law enforcement practices that could have statewide implications.
Jonathan Silver, Tampa Tribune  09/19/2016  Facebook iconTwitter iconLinkedIn icon
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Products

 
Three Deaths Prompt Fiat Chrysler to Recall 1.4M Cars
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Fiat Chrysler Automobiles will be urging owners of 1.4 million vehicles to bring their cars into dealers to fix an issue that could keep the air bags from deploying in a crash. The problem is believed linked to three deaths and five injuries in accidents. At issue is a potentially flawed computer, called an "occupant restraint control module," that is supposed to work in tandem with a wire harness that detects frontal impacts. The vehicles involved in the recall include the 2010 Chrysler Sebring midsize car, 2011 to 2014 Chrysler 200 midsize cars and the 2010 to 2012 Dodge Caliber compacts, Dodge Avenger midsize and Jeep Patriot and Compass vehicles.
Chris Woodyard, USA Today 09/19/2016   Facebook iconTwitter iconLinkedIn Icon
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