Texas Trial Lawyers Association

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  January 7, 2014

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eFiling Mandate Deadline

In December 2012, the Texas Supreme Court mandated e-filing in civil matters. The first group of counties (Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Hidalgo and Fort Bend), the Supreme Court, the Court of Criminal Appeals and the 14 Courts of Appeal become mandatory January 1, 2014. This means that attorneys will no longer be able to file paper documents at the clerk's counter. E-filing in all other counties will become mandatory on a graduated schedule through July 1, 2016. Click on the headline to learn more.  





Family to File Lawsuit After 5-Year-Old's School Injury

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The family of a 5-year-old New Jersey girl who suffered a head injury after being pushed by a fellow student has filed a notice of tort and is planning to file a lawsuit. The family alleges that the school did not provide immediate medical attention to the girl after her injury and school officials put her on a bus to another school immediately following the incident. The girl suffered a serious injury to her face, a closed head injury, a cerebral hematoma and a concussion. The township, the school district and the superintendent of schools are expected to be named as defendants in the lawsuit.
Michaelangelo Conte, 01/02/2014   Facebook iconTwitter iconLinkedIn Icon

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3-Year-Old Girl Dies in Hawaii After Dental Procedure

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The family of a 3-year-old girl who died after a visit to the dentist has filed a lawsuit. The girl was undergoing a root canal procedure when she went into cardiac arrest after being "given a highly potent dose of sedatives." The lawsuit filed against the dentist alleges that the "staff was ill-prepared for this type of emergency." After the incident, the girl was left brain dead and died in hospice care a month later.
Carla Herreria, The Huffington Post 01/03/2014   Facebook iconTwitter iconLinkedIn Icon

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After Agreement in N.F.L. Concussion Case, Retirees Will Look at Details

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The N.F.L. and lawyers for the more than 4,000 former players who said the league hid from them the dangers of repeated hits to the head have agreed on the details of a $760 million settlement that could determine how retirees with head trauma are compensated. The filing in federal court on Monday is a key step toward resolving a long-running legal battle and may serve as a blueprint for other concussion-related suits. Assuming the judge in the case gives preliminary approval, the retired players will be notified of the plan’s details and have several months to accept or opt out of the settlement. The proposal would allow the N.F.L. to avoid legal liability while providing retired players who have cognitive disorders money and medical treatment without them having to prove that their injuries were caused by concussions received during their pro football careers.
KEN BELSON and ALAN SCHWARZ, The New York Times 01/07/2014   Facebook iconTwitter iconLinkedIn Icon

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20 Baltimore County Households Settle Lawsuit Over Exxon Gas Station Leak

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About 20 households affected by a leak at a Jacksonville gas station in 2006 have settled their lawsuit against Exxon Mobil Corp. The Daily Record of Baltimore reports the households were scheduled to have their cases retried beginning Monday in Baltimore County Circuit Court. The plaintiff’s lead lawyer, Theodore M. Flerlage Jr., says terms of the settlements are confidential. The leak poured more than 26,000 gallons of fuel into the ground in an area where many residents get their water from wells. The leak from underground tanks began in January 2006 and wasn’t discovered until five weeks later, when a discrepancy in inventory was noticed. Exxon has maintained that technicians responding to an alarm on the first day improperly reset the detector that first day, rendering it incapable of sounding again.
Associated Press, CBC News 01/07/2014   Facebook iconTwitter iconLinkedIn Icon

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Buckyballs Founder Faces Recall Lawsuit

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Federal regulators have filed a lawsuit aimed at holding the founder of Buckyballs responsible for the desk toy's recall which could cost up to $57 million. The founder of the company dissolved the business in 2012, but the magnetic toys were then recalled due to their excessive magnetic force. Federal regulators claim that the founder should be held financially responsible for recalls since the company has been dissolved and the fed has no funds for such situations.
Josh Hicks, The Washington Post 01/05/2014   Facebook iconTwitter iconLinkedIn Icon

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BMW Is Recalling 51,000 Motorcycles for Fuel Leak

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Following an investigation by the National Highway Traffic Safety Administration, BMW says it isrecalling almost 51,000 motorcycles because of a possible fuel leak, according to a report the automaker posted on the agency’s website. Most of the recalled motorcycles are 2005-11 R and K series models.
CHRISTOPHER JENSEN, The New York Times 01/07/2014   Facebook iconTwitter iconLinkedIn Icon

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Patient Harm: When An Attorney Won’t Take Your Case

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A problem faced by many who are harmed in a medical setting: Attorneys refuse their cases, not because the harm didn’t happen but because the potential economic damages are too low. It’s estimated that hundreds of thousands of patients a year suffer some type of preventable injury or die while undergoing medical care. For many of these patients or surviving family, a lawsuit is the only hope to recover losses, learn the truth about what happened and ensure the problem is corrected. But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle. The payout is determined largely by economic damages – lost earnings, medical bills and future costs caused by the injury. Those who don’t earn big paychecks – including children, the elderly and stay-at-home-moms – are the least likely to find an attorney, studies show.
Marshall Allen and Olga Pierce, ProPublica 01/07/2014   Facebook iconTwitter iconLinkedIn Icon

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Laser Hair Removal’s Risks

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The percentage of lawsuits over laser surgery that involved a nonphysician operator rose to 78 percent in 2011 from 36 percent in 2008, according to a study published in JAMA Dermatology in October. Laser hair removal was the most commonly performed procedure cited in the litigation. Another popular treatment, intense pulse light, is used to “rejuvenate†aging skin and get rid of wrinkles.
RONI CARYN RABIN, The New York Times 01/07/2014   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Lawsuit Filed Against Social Services Over Boy's Death

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The grandparents of a fatally injured 8-year-old California boy have filed a lawsuit alleging wrongful death, civil rights violations and intentional infliction of emotional distress. The lawsuit names the Los Angeles County Department of Children and Family Services as a defendant due to numerous reports of the boy's abuse that went unanswered. Also named as defendants in the lawsuit are the Palmdale School District, the Los Angeles County Department of Public Social Services and the Sheriff's Department. The boy's mother and father were charged with his murder after paramedics found the boy had suffered a skull fracture, broken ribs and BB's were found lodged in his lung and groin.
Garrett Therolf, LA Times 01/05/2014   Facebook iconTwitter iconLinkedIn Icon

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German Family Files Lawsuit Over Exchange Student's Death

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The German family of a foreign exchange student has filed a wrongful death lawsuit over the student's death during a skiing accident. The 16-year-old boy was skiing at Whitefish Mountain Resort in western Montana when he fell headfirst into a tree well and suffocated. The lawsuit alleges the resort was negligent in not marking the dangerous area that also led to a snowboarder's death 10 days later. The lawsuit names the ski resort, the boy's host family and the exchange agency as defendants.
Staff Report, Helena Independent Record 01/04/2014   Facebook iconTwitter iconLinkedIn Icon

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