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Texas Trial Lawyers Association


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  April 11, 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

Laws/Cases


 

 

Couple Sues Condo Association After Being Forced Out

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A Michigan couple has filed a lawsuit after being forced out of their condominium after the birth of their second child. The condo association made the couple move out of their condo because of a rule barring more than three residents in a three-bedroom two-level unit. According to the lawsuit, such rules in condominiums, apartments or mobile home parks were outlawed in 1989. The lawsuit seeks damages in the form of costs associated with the plaintiffs' move, punitive damages and damages for emotional distress.
Jim Harger, MLive 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: MLive    

 

Ala. Drug Sting Operation Kills Teen, Family Files Suit

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The mother of a teenager who died from injuries sustained during a police drug sting has filed a lawsuit against the city of Huntsville, Ala. and others. According to the lawsuit, the 17-year-old suffered cardiac arrest after police officers sprayed him with pepper spray and pinned him to the ground during a drug sting at the victim's home. The lawsuit alleges excessive force and rights violations and seeks unspecified compensatory and punitive damages and the refining of policies regarding use of confidential informants and investigations of excessive force.
Brian Lawson, AL.com 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

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Second Lawsuit Filed Against NHL Over Head Injuries

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A class-action lawsuit was filed on Thursday against the National Hockey League (NHL) alleging that the league has subjected players to "the imminent risk of head trauma," which has caused long-term negative health problems. It is the second lawsuit filed against the NHL which alleges the league has not been proactive enough in preventing head injuries. According to the filing, "the NHL has failed and continues to fail to warn its players of these risks and consequences of head trauma." Last year, the National Football League paid $765 million in the settlement of a similar lawsuit by players suffering from dementia and other head-trauma-related symptoms.
Staff Report, Reuters 04/10/2014   Facebook iconTwitter iconLinkedIn Icon

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J&J Must Pay Damages Mesh Implant Verdict

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Johnson & Johnson was ordered by a Texas jury to pay $1.2 million to a woman who alleged one of the company’s lines of vaginal-mesh implants to treat incontinence was defectively designed, in the first verdict against the company over those devices. Jurors in state court in Dallas concluded the design of the TVT-O mesh sling implanted in Linda Batiste was flawed and the 64-year-old woman deserved $1.2 million in compensatory damages, her lawyers said. They argued Batiste suffered pelvic pain when the device eroded inside her.
Jef Feeley, Bloomberg 04/11/2014   Facebook iconTwitter iconLinkedIn Icon

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Houston Woman: GM Recall Notice Came 2 Months After Crash Took Her Legs

 

A Houston-area woman critically injured in a December car accident has filed suit against GM, claiming that the crash was caused by her car's faulty ignition switch. Tiffany Adams, 30, filed the suit April 8 in the 189th State District Court against GM, Delphi Automotive and Mac Haik Auto Direct in Houston. The severe impact left Adams with a broken neck, broken ribs and injuries to her legs that required both to be amputated. In March, about two months after the accident, Adams received a letter informing her that her 2007 Pontiac Solstice was among a group of vehicles being recalled.
Carol Christian , Houston Chronicle  04/11/2014  Facebook iconTwitter iconLinkedIn icon

Read Article: Houston Chronicle    

 

Issues


 

 

Social Security, Treasury Target Taxpayers for Their Parents’ Decades-Old Debts

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Across the nation, hundreds of thousands of taxpayers who are expecting refunds this month are instead getting letters informing them that because of a debt they never knew about — often a debt incurred by their parents — the government has confiscated their check. The aggressive effort to collect old debts started three years ago — the result of a single sentence tucked into the farm bill lifting the 10-year statute of limitations on old debts to the government.
Marc Fisher, The Washington Post 04/11/2014   Facebook iconTwitter iconLinkedIn Icon

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Healthcare


 

 

Giving Up on Red Tape, Doctors Turn to Cash-Based Model

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At both the state and federal level, efforts are underway to decrease Texas' sky-high rate of residents without health coverage. There is a rising number of primary care practitioners who have given up on the red tape of filing insurance claims, switching to a cash-based model that is growing in popularity among Texas’ insured and uninsured patients. Doctors who use this model, which they call “direct primary care,” say they can keep their costs competitive by avoiding the bureaucracy of the health insurance system and the high processing costs — including additional staff — associated with accepting coverage.
Alexa Ura, Texas Tribune 04/11/2014   Facebook iconTwitter iconLinkedIn Icon

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