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Texas Trial Lawyers Association


This service sponsored exclusively by Trialsmith

  April 10, 2014

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Upcoming Online CLE

16
Apr

Nursing Home Litigation - How to Take Key Depositions

22
Apr

The Ethics of Lawsuit Lending

24
Apr

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

30
Apr

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

7
May

Jury Selection in a Medical Malpractice Case

Announcements


 

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.  

 

Laws/Cases


 

Weight Watchers Settles Pregnancy Discrimination Lawsuit

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A $45,000 settlement has been reached between a Detroit-area Weight Watchers location and a woman who filed a pregnancy discrimination lawsuit. The plaintiff was a member of the organization and had lost 30 pounds after the birth of her first child. She applied to work for the company but was told she could not be hired because she was pregnant again. The lawsuit was settled on Tuesday, but the company made no admission of liability.
Wire Report, The Republic - Columbus, Indiana 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Republic - Columbus, Indiana    

 

$150M Lawsuit Filed Over Family's State Fair Ride Injuries

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A North Carolina family who suffered injuries on a ride at the state fair are filing a $150 million lawsuit today against the Georgia company that brought the machine to the fair and the company in charge of the midway. The accident occurred last October when the ride unexpectedly began spinning, knocking passengers to the ground. One of the family members who was injured remained hospitalized until February.
Staff Report, News & Observer 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: News & Observer    

 

Maine's Supreme Court to Decide If Sexual Abuse Case Can Proceed

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The Supreme Court of Maine is to decide whether or not a sex abuse lawsuit against a former priest will continue in court. The lawsuit was filed by a woman who alleges she was sexually abused by the priest when she was a child. The court is to decide whether the statute of limitations has run out on the case or if the plaintiff was unable to locate the ex-priest, who lived out of state, until 2009. According to Maine law at the time of the alleged abuse, the plaintiff had two years from the time she turned 18 in November 1981 to file the lawsuit.
Judy Harrison, Bangor Daily News 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Bangor Daily News    

 

Lawsuit Over Mentally Disabled Man's Death Settled

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The family of a mentally disabled man from Syracuse, N.Y. who died while being restrained by officials at a group home has settled their lawsuit over the incident. The 20-year-old man died four years ago when staff at the home struggled with him and held him to the floor in a prone restraint. After being held down by five people for about 15 minutes, the man asphyxiated and died. The lawsuit, filed by the man's uncle, was settled two weeks ago.
John O'Brien, The Post-Standard – Syracuse, NY 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Post-Standard – Syracuse, NY    

 

Products


 

Debate Over Risk of Driving G.M.’s Recalled Cars

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In the nearly two months since General Motors announced it was recalling Cobalts and other small cars because of a faulty ignition switch, the auto company has maintained that the vehicles are safe to drive as long as motorists remove all objects from their key chains to eliminate jostling that could shut off the power systems and disable air bags. G.M. officials had until the end of Wednesday to turn over documents to a federal judge in Texas to bolster their contention that the cars were safe to drive under those conditions. The judge, Nelva Gonzales Ramos of Federal District Court in Corpus Christi, Tex., is expected to rule any day on whether to issue an emergency order that would compel G.M. to warn owners of the 2.6 million recalled cars not to drive them until they are repaired.
HILARY STOUT and RACHEL ABRAMS, The New York Times 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Healthcare


 

340 Texas Doctors Among Medicare's Millionaires

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More than 340 doctors and other care providers in Texas received over $1 million each in 2012 under the government’s Medicare health insurance program, according to data released Wednesday that provides the public its first inside look at physician billing practices. Recent court decisions and a push by the HHS inspector general’s office opened the door to the release of the information. The data allows for the public to compare Medicare payout information on individual medical doctors, chiropractors and other providers. It includes their locations, specialties, billing charges and procedures rendered.
JON McCLURE, MILES MOFFEIT and DANIEL LATHROP, The Dallas Morning News 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    

 

Editorials/Columns/Letters


 

L.M. Sixel: Why leave money on the table?

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Wells Fargo will be paying out $15 million in back overtime wages to nearly 4,500 current and former home mortgage consultants. That works out to about $3,400 apiece, after the legal fees are paid. But another 11,200 current and former loan officers who worked for Wells Fargo or its predecessor, Wachovia Corp., are not going to get a dime from the negotiated settlement, because they didn't "opt in" to the collective-action lawsuit when they had the opportunity. In the end, only 28 percent of the current and former mortgage loan officers will be compensated for the late nights and weekends that they put in on the job but weren't paid for, said a Houston attorney who represents the workers who sued the bank.
L.M. Sixel, Houston Chronicle 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle    

 

Wrongful Death


 

Apartments Complex Sued After Toddler's Fatal Fall

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A lawsuit has been filed against an apartment complex in Cleveland after the death of a toddler. The two-year-old boy was visiting his grandmother when he fell out of a 17th-story floor-to-ceiling window. The lawsuit alleges that the defendants "chose profits over safety" and "had actual and/or constructive knowledge of the dangerous condition, nuisance, hazard and/or defect maintained on their subject premises." It contends that the property failed to maintain the complex, including the windows, which had eroded concrete and loose, exposed bars.
Staff Report, WKYC 3 04/09/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: WKYC 3    


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