Texas Trial Lawyers Association

This service sponsored by Trialsmith

  June 27, 2014

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Upcoming Online CLE


Da Vinci Robot Litigation


Private Outside Counsel for State Attorney Generals in Major Civil Litigation Cases


Preparation of Plaintiff's Expert Witnesses


Power Tips and Tricks for Using Your List Server


Litigating an Auto Case: From Investigation to Trial


Hip Settlements: Past, Present and Future




Suit: Young Boy Crushed by 600-pound Cemetery Cross

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The parents of a 7-year-old California boy whose pelvis was crushed when a tombstone fell on him have filed a lawsuit against the Santa Rosa Cemetery in Cambria, Calif. The lawsuit was filed in San Luis Obispo Superior Court on Wednesday and contends that the then-5-year-old was visiting the cemetery with his mother in August 2012 when a heavy granite cross fell off its stone base and onto the boy. After the incident, the boy stayed in the hospital for several weeks and was placed in a full-body cast. The lawsuit seeks an unspecified amount of damages from the cemetery.
Patrick S. Pemberton, San Luis Obispo Tribune 06/26/2014   Facebook iconTwitter iconLinkedIn Icon

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Jury Will Decide Liability in Fan Injury Case Against the L.A. Dodgers

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A jury is to decide who is liable for the brain injury of a fan at a baseball game between the Los Angeles Dodgers and San Francisco Giants. The lawsuit alleges that the Dodgers, who hosted the game, are liable for the "devastating beating" and permanent brain injury of one fan at the 2011 opening-day game. The lawsuit seeks $37.2 million in actual damages and the attorney for the brain-damaged victim suggested doubling it to account for pain and suffering. The two men accused of beating the plaintiff pleaded guilty to the attack and were sent to prison.
Staff Report, Columbus Dispatch 06/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Couple Settles Lawsuit Over Use of Chemical in Home

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A couple from Rutland, Vermont has settled a lawsuit they filed against the state agency responsible for spraying their home for bed bugs with a banned chemical which made their home inhabitable. Last week, the couple settled the lawsuit with the state Department for Children and Families, the state Agency of Human Services and a number of others for $450,000. The plaintiff's lawsuit alleged that "their home became unlivable after it was sprayed in April 2013 with a banned pesticide to kill bed bugs that were brought into their home by a ward of the state." The state has admitted no wrongdoing by agreeing to the settlement.
Wire Report, Burlington Free Press 06/26/2014   Facebook iconTwitter iconLinkedIn Icon

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Parker County Landowners Wins Nuisance Suit Against Titan Operating

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An Aledo couple won $36,000 in damages against Titan Operating in a Parker County jury verdict that found Titan created a nuisance with its gas wells near the couple's home. Marcus and Laura Marsden sued Titan in 2012, claiming the producer failed to respect prior representations regarding were its drill pad would be placed on a neighboring property and how the company would handle traffic and other disruptions. In a 10-2 decision on June 17, the jury found that Titan created a temporary nuisance, limiting the monetary award.
Jim Fuquay, Star Telegram 06/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Widow of American Indian Activist Sues Doctors Over His Death

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The widow of American Indian activist Russell Means has sued a New Mexico hospital for wrongful death and medical malpractice, claiming her husband's cancer was misdiagnosed before his death in 2012, court records show. Pearl Means says in a lawsuit filed against the Christus St. Vincent Regional Medical Center in Santa Fe that physicians associated with the facility overlooked her husband's esophageal cancer when he sought treatment there in 2011.
Keith Coffman, Reuters 06/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Colo. Wildfire Victims Sue Insurance Companies


A group of nearly 20 Colorado fire survivors are suing more than 100 national insurance companies, corporations and nonprofits, alleging they conspired to defraud those who lost property to the High Park Fire and other wildfires. The group is seeking unspecified damages for a list of 25 allegations that range from companies colluding to keep insurance claim payments low to creating a purposefully combative and complicate culture to dissuade policy holders from pursuing claims.
Sarah Jane Kyle, Coloradoan, USA Today  06/27/2014  Facebook iconTwitter iconLinkedIn icon

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GM Documents Show Senior Executive Had Role in Switch

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Documents released on Thursday by a House panel raise questions about GM's account of the events surrounding its botched response to the defective ignition-switch. The documents show that a high-ranking current GM executive knew of the issues in 2005, and cast new light on the actions of fired GM engineer Raymond DeGiorgio, who is assigned much of the blame by the auto maker for the failure to catch the switch problems sooner.
Jeff Bennett, Wall Street Journal - $$ Subscription Required 06/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Air Bag Accident, Lawsuit Led to GM Cruze Recall

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An accident that left a Georgia woman blind in one eye and a subsequent lawsuit led to General Motors Co's recall of about 33,000 Chevrolet Cruze sedans in for potentially defective air bags made by Takata Corp. The lawsuit by Brandi Owens, filed in late April in federal court in Atlanta against GM and Takata, claims her car and driver-side air bag were "defective and unreasonably dangerous," citing a problem that has dogged Takata for several years - air bag inflators that explode with too much force. More than 10.5 million vehicles with Takata air bags have been recalled globally.
Ben Klayman and Jessica Dye, Reuters 06/27/2014   Facebook iconTwitter iconLinkedIn Icon

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Class Action



Uber Car Service Facing Class Action Lawsuit

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Uber Technologies Inc., a popular start-up car service, is facing a class action lawsuit alleging that the company exploits its drivers. The lawsuit was filed Thursday in Suffolk County Superior Court in Boston by an attorney who has previously represented Starbucks baristas, house cleaners, skycaps, and exotic dancers in major labor lawsuits. The lawsuit accuses the car service of "misclassifying its drivers as independent contractors to avoid paying them the same as employees with benefits." The lawsuit further contends that the company does not give drivers all the money they receive in gratuities, but rather "retains a portion of the gratuity for itself."
Michael B. Pharrell, Boston Globe 06/26/2014   Facebook iconTwitter iconLinkedIn Icon

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