Texas Trial Lawyers Association

This service sponsored by Trialsmith

  June 10, 2014

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Upcoming Online CLE


The Top 10 Rules of Jury Selection


Effective Use of Powerpoint Presentations in Trial


Da Vinci Robot Litigation





COLLABORATE! Join TTLA President Mike Guajardo at TTLA’s 2014 Annual Conference in Austin, June 11-13. ALL MEMBERS are invited and encouraged to attend a very important meeting of our Board of Directors Meeting on June 12th. In addition, the CLE Committee has once again planned three dynamic programs. We’ll start things off with The Jury Bias Model™ - From Car Wrecks to the Complex Case presented by Greg Cusimano and David Wenner on June 11th, followed by a ½-day CLE on June 12th with some of TTLA’s brightest stars sharing their best tips. The conference will wrap up with our Annual Med Mal program with all the latest updates and insights, before closing with an evening of Magic and Music. Click here to see all we have planned for you! Two days. Three great seminars. TTLA’s 2014 Annual Conference. Click on the headline for more information and to register.  





A Seattle Doctor is Suspended for Sexting During Surgery

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Medical authorities have suspended the license of a Seattle anesthesiologist for allegedly sending explicit “selfies” and exchanging sexy text messages during surgeries. The findings against 47-year-old Arthur K. Zilberstein, released Monday by the WA state Department of Health, detail nearly 250 text messages with sexual innuendo he exchanged during procedures — all kinds of procedures, including Cesarean deliveries, pediatric appendectomies, epidurals, tubal ligations, cardiac-probe insertions.
Lindsey Bever, The Washington Post 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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Driver Hours Under Review in Fatal Turnpike Crash

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The Wal-Mart truck driver charged in the weekend New Jersey Turnpike crash that critically injured actor Tracy Morgan and killed comedian James McNair hadn't slept for more than 24 hours, according to a criminal complaint, drawing attention to the trucking industry's protocols for employee rest. The crash, which occurred about 1 a.m. Saturday on the New Jersey Turnpike, has put a spotlight on the trucking industry and its driver regulations.
Yoni Bashan, WSJ Blogs 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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City Denies Sexual Assault Cover-Up Allegations

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The city of Pharr, Texas is denying allegations presented in a lawsuit by a couple who claim their teenage daughter was the victim of sexual assault by a police officer. The lawsuit alleges that the police department conspired to cover up the instances of sexual assault through the use of intimidation. According to the lawsuit, five times from July through October 2013 the girl was taken to abandoned buildings and sexually assaulted by a police officer, while others kept watch. The city's denial came three weeks after the girl's parents filed the lawsuit.
Ildefonso Ortiz, The Monitor 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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Citibank Discriminatory Lending Case to Proceed

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Mortgage lender Citibank will not have a discriminatory lending lawsuit filed against it dismissed, according to a U.S. District Court judge. Citibank, along with Wells Fargo and Bank of America, is facing the lawsuit, filed by the city of Los Angeles, California, which alleges that the lenders targeted minorities with "predatory" loans. The lawsuit alleges that "since 2004 [the banks] placed black and Hispanic borrowers in mortgages they couldn't afford, which led to a disproportionate number of foreclosures in minority neighborhoods when the housing market collapsed in 2008." The city of Los Angeles is seeking damages of lost property taxes due to foreclosures and increased costs in municipal services.
Edvard Pettersson, Bloomberg 06/09/2014   Facebook iconTwitter iconLinkedIn Icon

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Woman Charged in 2004 Fatal Crash Sues GM

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A Texas woman who pleaded guilty to a criminal charge in a 2004 car crash that killed her fiance is suing General Motors Co. Candice Anderson is asking a federal judge in Tyler to set aside a $75,000 settlement in the case. The lawsuit also seeks unspecified punitive and exemplary damages. The lawsuit alleges that a faulty GM ignition switch was the real cause of the crash. It contends the switch slipped out of the run position, knocking out power steering and brakes and disabling the air bags. GM, the lawsuit alleges, knew about the bad switches but failed to disclose the problem even though Anderson was pleading guilty.
Associated Press, Houston Chronicle 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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St. Louis Archbishop Claims to be Uncertain if he Knew Sexual Abuse Was a Crime

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Archbishop Robert J. Carlson claimed to be uncertain that he knew sexual abuse of a child by a priest constituted a crime when he was auxiliary bishop in the Archdiocese of St. Paul and Minneapolis, according to a deposition released Monday. Yet according to documents released Monday by a law firm in St. Paul, Carlson showed clear knowledge that sexual abuse was a crime when discussing incidents with church officials during his time in Minnesota.
Lilly Fowler, St. Louis Post Dispatch 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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Supreme Court: BP Must Pay Claims During Appeal

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The U.S. Supreme Court says BP must continue paying claims from a fund established after the 2010 Gulf of Mexico oil spill while the company appeals terms of its settlement with some businesses. The justices on Monday let stand without comment lower court refusals to halt payments while BP PLC appeals lower court rulings that businesses don't have to prove they were directly harmed by the spill to collect money.
JANET McCONNAUGHEY, Associated Press, Yahoo News 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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As Trial on O'Bannon Lawsuit Begins, Related Case Settled

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On Day 1 of trial in the Ed O'Bannon class-action antitrust lawsuit against the NCAA, the biggest development had nothing to do with O'Bannon. Moments after U.S. District Judge Claudia Wilken entered a packed courtroom, lawyers for the NCAA here and a lawyer for former Arizona State and Nebraska quarterback Sam Keller announced they had agreed to settle a case pertaining to the use of college athletes' names and likenesses in video games. News releases by the NCAA and Keller's lawyers said the proposed deal was worth $20 million, on top of the recently filed $40 million proposed settlement of claims against video game manufacturer Electronic Arts and Collegiate Licensing Co.
Steve Berkowitz, USA Today 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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GM Lawyers Told Carmaker of Switch-Defect Punitive Risk

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GM's lawyers have warned the co might face punitive damages over ignition switch defects if its customers go to trial, creating an urgent need to settle lawsuits. In at least four cases since 2010, GM was told by outside lawyers that jurors might grant accident victims “substantial” or “punitive” awards if they heard of the company’s failures to fix a long-known fault, according to the Valukas report, commissioned by GM to examine its handling of the ignition switch defect.
Linda Sandler , Bloomberg 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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GM Ignition-Switch Plaintiffs Seek to Reopen Settled Case

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Since the recall began the company has been named in at least 85 lawsuits by owners who claim their vehicles lost value and at least 18 suits alleging personal injuries and deaths caused by ignition switch failures. GM may also be facing a wave of cases the company thought it had settled, seeking more money including punitive damages.
Margaret Cronin Fisk , Bloomberg 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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Health-Care Providers Want Patients to Read Medical Records, Spot Errors

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Health-care providers are giving patients more access to their medical records so they can help spot and correct errors and omissions. Studies show errors can occur on as many as 95% of the medication lists found in patient medical records. Errors include outdated data and omissions that many patients could readily identify, including prescription drugs that are no longer taken and incorrect data about frequency or dosage.
Laura Landro, WSJ Blogs 06/10/2014   Facebook iconTwitter iconLinkedIn Icon

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