Texas Trial Lawyers Association

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  January 27, 2014

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Developing Nursing Home Rules to Frame Your Case


The Ethics of Medicare Secondary Payer: How Present Practices Pose Practical Problems for Plaintiff Practitioners


Dealing with Protective Orders – Another View


New Strategies for Hospital Acquired Infections


From First Consult to Complaint: Basic Tips for Representing a Client With a Sexual Harassment Claim


Social Media: Identifying the Ethical Pitfalls of the Communications Revolution




TTLA Pharmaceutical & Medical Device Seminar | April 3-4 | Royal Sonesta, Houston

In April 2014, something BIG is coming to TTLA! Planning is underway, and the 2nd Annual TTLA Pharmaceutical & Medical Device Seminar will be bigger and better than ever. You won’t want to miss this sell-out seminar with its lineup of in-demand topics, storied speakers and unparalleled insight. Watch your e-mail for more information coming soon and save the date: April 3-4 in Houston. Think BIG. Think TTLA PMD.  





84-Year-Old Man Suing Over Violent Jaywalking Arrest by NYPD

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An 84-year-old New York man says he plans to file a lawsuit against the NYPD over a jaywalking incident in which he was injured and humiliated by police officers. On January 19, the retired man walked across the street and was caught by a police operation aimed at ending a string of pedestrian fatalities. The man was knocked unconscious and bruised in the street and had to be taken to an emergency room, where he was charged with criminal charges. An attorney for the plaintiff says he will file a notice of the lawsuit on Monday, which names the city, NYPD and multiple officers as defendants.
John Marzulli, New York Daily News 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

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D.C. Contractor Files Lawsuit Over Yelp Review

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A D.C. contractor has filed a lawsuit over a woman's alleged defamation of his business through negative Yelp reviews. The plaintiff alleges that the defendant's reviews of his business on Yelp were filled with falsehoods which kept him from receiving new business. The woman alleged in her review of the plaintiff's contracting company that her home was damaged, she was billed for work that was not completed and jewelry went missing after she hired his company. As a result, the plaintiff alleges he lost $300,000 in business. The lawsuit, which seeks $750,000, is scheduled to go to trial on Monday in Fairfax County.
Justin Jouvenal, The Washington Post 01/26/2014   Facebook iconTwitter iconLinkedIn Icon

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Texas Parents Fight Cyberbullying with Lawsuit

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Reymundo and Shellie Esquivel are filing a lawsuit this week against six of their teenage daughter’s schoolmates and their parents, alleging that the students created an Instagram account aimed at humiliating her and fellow classmates. One legal expert told TODAY that he believes a case like this will send a message to other parents and students about cyberbullying. "The idea that they now have to defend a lawsuit in court, I foresee it getting settled pretty quickly,†said David Schwartz, a former prosecutor and criminal defense attorney. “But I also foresee the lawsuit being used a mechanism and a vehicle to stop the conduct.â€
Lisa Flam, The Today Show, NBC 10 Philadelphia 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Accidents Surge as Oil Industry Takes the Train

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About 400,000 carloads of crude oil traveled by rail last year to the nation's refineries, up from 9,500 in 2008, according to the Association of American Railroads. But a series of recent accidents have prompted many to question these shipments and have increased the pressure on regulators to take an urgent look at the safety of the oil shipments. In the race for profits and energy independence, critics say producers took shortcuts to get the oil to market as quickly as possible without weighing the hazards of train shipments. Since March there have been no fewer than 10 large crude spills in the United States and Canada because of rail accidents. The number of gallons spilled in the United States last year, federal records show, far outpaced the total amount spilled by railroads from 1975 to 2012
Clifford Krauss and Jad Mouawd , The New York Times 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Freedom Industries Lawsuits Question Liability

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With Freedom Industries going through bankruptcy proceedings and all litigation stayed, some lawsuits have brought a question to light. Can the company's individual shareholders, members or parent companies be held liable? There's a strict set of tests to determine this, called "piercing the corporate veil" in the shareholder case and "enterprise liability" in the parent company realm. Attorneys say these tests are very difficult to pass.
Andrea Lannom, Charleston Daily Mail 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Macur: For a Cowboys Star With Dementia, Time Is Running Out

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The Cowboy NFL Hall of Famer Rayfield Wright, 68, is among more than 4,500 players who have sued the N.F.L., contending that the league concealed for years what it knew about the dangers of repeated hits to the head. This month, a federal judge rejected a proposed $765 million settlement that would compensate players young and old for those injuries. The judge, Anita B. Brody expressed concern that the settlement was too small to pay for medical tests and treatment for the thousands of players who face — or could face — health problems related to their N.F.L. careers. She wants assurance that the current proposed payout will be enough, and she has asked the league’s lawyers to justify their math. Figuring an adequate settlement may be impossible. Some plaintiffs, furious that they may have paid a terrible physical price to make the N.F.L. rich, are demanding that the former players hold out for more. But men like Wright need that settlement money now.
JULIET MACUR , The New York Times 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Uber Faces Wrongful-Death Lawsuit Over Girl's Death

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Uber, the tech-savvy transportation service is facing its first wrongful-death lawsuit over the death of a 6-year-old girl in San Francisco. The girl was hit and killed by an Uber driver who was waiting for a patron. The girl's mother and brother were also injured in the incident. The transportation company claims that Uber drivers who are logged into the system, but not transporting customers, are not considered Uber drivers. The lawsuit challenges Uber's stance and alleges that "even when there is no fare in the car, the drivers are in essence on the clock, working for Uber."
David Streitfeld, The New York Times 01/27/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

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