Texas Trial Lawyers Association

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  April 9, 2014

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Upcoming Online CLE


Nursing Home Litigation - How to Take Key Depositions


The Ethics of Lawsuit Lending


Medicare Secondary Payer Act -- Guidelines and Forthcoming Enforcement in Personal Injury Cases


Trial by Human: Building and Presenting the Non-Economic Damages Case at Trial


Jury Selection in a Medical Malpractice Case



Must-See Video From CNN: GM and the Importance of the Civil Justice System

If you haven’t seen the commentary on the importance of the civil justice system by CNN’s Michael Smerconish, it’s a must see. Click on the headline to access a Texas Watch blog post with an intro and the Smerconish commentary. Please share with your contacts and on social media.  




Court: CEMEX Liable for Some Rio Grande Arsenic Pollution

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CEMEX Inc. is responsible for part of the arsenic contamination of the Rio Grande in the vicinity of the International Boundary and Water Commission in West El Paso, according to a federal court judgment in a lawsuit that Asarco, LLC filed against CEMEX. U.S. District Judge Phil Martinez issued his final judgment on March 31, and ordered CEMEX Inc. to pay Asarco $1.1 million as its part of the cleanup costs.
Diana Washington Valdez, El Paso Times 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Comedian Awarded $1.3M for Injuries at Vegas Casino

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A Las Vegas casino has been ordered to pay $1.3 million to comedian George Wallace, who was injured during a performance in 2007. The comedian suffered a ruptured Achilles tendon from getting tangled in the cables during a corporate holiday party performance at the Bellagio. A jury found that the casino had breached its duty of care to the plaintiff by not properly securing the cables on stage. The plaintiff was awarded $1.2 million for loss of income, $100,000 for pain and suffering and $8,500 for medical expenses.
Staff Report, Reuters 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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$100M Lawsuit Filed Over NYC Train Derailment

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A mechanic for the Metro-North Railroad in New York City claims who was paralyzed in the deadly commuter train derailment on Dec. 1 has filed a lawsuit against Metro-North and its parent company alleging negligence. The man suffered injuries during the derailment including spinal cord damage that resulted in quadriplegia. There were four people killed and 70 injured in the train derailment. The injured plaintiff "says he forgives the man who was driving the train", but is seeking $100 million in the suit.
Wire Report, Seattle Post-Intelligencer 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Most Midsize SUVs Are No Match for a Telephone pole

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Most midsize SUVs did not fare well in a new test that replicates what happens when the front corner of a vehicle hits another car or an object like a utility pole. The Chevrolet Equinox and its twin, the GMC Terrain, were the only midsize SUVs of the nine tested to earn a top rating, according to results released Tuesday by the Insurance Institute for Highway Safety (IIHS).
Gail Sullivan, The Washington Post 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Feds Fine GM for Too Little Data Too Late

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Federal safety officials said in a letter to GM that the company still hasn't provided enough answers about its ignition switch recall and will be fined $7,000 a day, retroactive to the April 3 deadline GM missed. In addition, the National Highway Traffic Safety Administration said that it has the authority to refer the case to the Justice Department as early as Wednesday GM's "failure to fully respond" to the agency's 107 questions about events leading to the recall.
James R. Healey, USA Today 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Toyota Recalls About 6.4M Vehicles Globally

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Toyota Motor Corp. is recalling 6.39 million vehicles globally for a variety of problems spanning nearly 30 models in Japan, the U.S., Europe and other places. The recalls affect a large range of models. By region, the latest recall affects 2.3 million vehicles in North America, 1.09 million vehicles in Japan and 810,000 vehicles in Europe. Other regions affected by the recall include Africa, South America and the Middle East.
YURI KAGEYAMA, AP, Houston Chronicle 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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TxDOT Suspends TxTag Page Due to Security Concern

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The TXDOT has dismantled a portion of its toll tag website after a blogger noticed that it was leaving users' credit card information exposed. Blogger David Longnecker wrote a post highlighting a flaw in the website that could allow someone to view a toll tag user’s credit card information in a page’s html code.
Aman Batheja, Texas Tribune 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Online Security Flaw Exposes Millions of Passwords

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An alarming lapse in Internet security has exposed millions of passwords, credit card numbers and other sensitive bits of information to potential theft by computer hackers. The breakdown revealed this week affects the encryption technology that is supposed to protect online accounts for emails, instant messaging and a wide range of electronic commerce. Security researchers who uncovered the threat, known as "Heartbleed," are particularly worried about the breach because it went undetected for more than two years. Experts are advising people to consider changing all their online passwords however, changing the passwords won't do any good until the affected services install the software released Monday to fix the problem.
ANICK JESDANUN and MICHAEL LIEDTKE, AP, Star Telegram 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death


Lawsuit Filed Over University of Alabama Student's Death

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A $10 million wrongful death lawsuit has been filed against the University of Alabama over the 2012 drowning of one of its students. The lawsuit was filed by the family of a 20-year-old boy who fell into the river during a sorority's party on the Bama Belle riverboat. The lawsuit alleges that several parties are responsible for the boy's death, including those in charge of preventing underage drinking, and boat operators who knew the boy fell into the river. The family filed the lawsuit just before the Alabama statute of limitations was set to run out on April 5.
Ben Flanagan, 04/08/2014   Facebook iconTwitter iconLinkedIn Icon

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