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  July 29, 2014 Like TTLA on Facebook Follow TTLA on Twitter

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Market-Based Solutions for Structured Settlement Claimants

Upcoming Online CLE
30
Jul
Becoming an Evidence Master
5
Aug
Litigating Testosterone Therapy Cases: An Overview
7
Aug
New Horizons: Lifetime Damages - New Factors for Future Damages for Mild, Moderate & Severe Disabilities
13
Aug
Jail and Jailer Liability
14
Aug
The Emerging Consensus on TBI and How You Can Use It To Achieve an Adequate Award
20
Aug
Arbitrating Class Actions
21
Aug
Don't Miss the Boat: Basics of Maritime Personal Injury Law
27
Aug
How to Handle a Class Action Case
28
Aug
Technology: Taking Your Paperless File from the First Interview to Trial
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Operation PAC 100
Operation PAC 100: Inspired by Past President Mike Gallagher's $100,000 matching challenge, the TTLA Advocates formed Operation PAC 100 to amplify our members' collective political voice through the TTLA PAC. Be one of the PAC 100, by contributing $1000 or any amount you can. Help give our legislative team the tools needed to protect the civil justice system in the 2015 legislative session and beyond.Click on the headline to learn more.  

Texas Tribune Daily Brief

 
The Brief for July 29
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Compilation of Texas news by John Reynolds at the Texas Tribune.
John Reynolds, Texas Tribune 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
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Issues

 
Immunity Lets Bad Judges Off Hook for Bad Behavior
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A disgraced judge - who once texted a shirtless photo of himself to a female court bailiff - had an affair with a woman while overseeing her child custody case, had sex with her in his chambers and sexted her from the bench can't be sued for money damages over any of that because judges are immune from civil lawsuits - a well-established doctrine that has many in the legal profession demanding change, arguing the this case highlights a pervasive problem in the justice system: judges getting away with bad behavior on immunity grounds.
Tresa Baldas, Detroit Free Press , USA Today 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
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Bartenders: When Not to Sell
 
An Ohio bartender is facing a third-degree misdemeanor charge. She was charged with selling liquor and beer to an intoxicated person, who then got in his car and killed a schoolteacher on a bicycle in February. According to a 2009 National Highway Traffic Safety Administration study, nearly all states have laws prohibiting sales to intoxicated people. However, the study found there is "considerable variation among State laws in terms of language employed to describe the state of intoxication as well as the provision of alcohol." That study also found that enforcement of sales to intoxicated people was rare.
Marais Jacon-Duffy, The Cincinnati Enquirer , USA Today  07/29/2014  Facebook iconTwitter iconLinkedIn icon
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FAA Proposes to Fine Southwest Airlines $12M
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The FAA said Monday it is proposing a $12 million civil fine against Southwest Airlines for failing to comply with safety regulations related to repairs on Boeing 737 jetliners. It is the second-largest fine the agency has proposed against an airline. The FAA said that beginning in 2006 Southwest made "extreme makeover" alterations to eliminate potential cracking of the aluminum skin on 44 jetliners. An FAA investigation determined that Southwest's contractor, Aviation Technical Services Inc. of Everett, Washington, failed to follow proper procedures for replacing the fuselage as well as other work on the planes, the agency said. All of the work was done under the supervision of Southwest, which was responsible for seeing that it was done properly, the FAA said.
JOAN LOWY, AP , Yahoo News 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
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Laws/Cases

 
11th Circuit Upholds FL 'Docs v. Glocks' Law
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A federal appeals court is allowing enforcement of a Florida law that prevents physicians from talking with patients about guns in their homes when it is irrelevant to medical care. The Atlanta-based 11th U.S. Circuit Court of Appeals vacated an injunction that had prevented the law from taking effect and found in a facial challenge that the law does not violate the First Amendment. The law says physicians should not ask whether a patient or patient's family owns guns, unless the physician has a good-faith belief that the "information is relevant to the patient's medical care or safety, or the safety of others. The law also bans irrelevant gun information from being entered into medical records. Violation of the law, dubbed "Docs v. Glocks, constitutes grounds for disciplinary action, and doctors can be fined or lose their licenses, reports the AP.
Debra Cassens Weiss, American Bar Association Journal 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
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NCAA Settles Head Injury Lawsuit
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The NCAA has agreed to settle a class-action head injury lawsuit by creating a $70 million fund to diagnose thousands of current and former college athletes to determine if they suffered brain trauma playing football, hockey, soccer and other contact sports, The Associated Press has learned. Unlike a proposed settlement in a similar lawsuit against the NFL, this deal stops short of setting aside money to pay players who suffered brain trauma. Instead, athletes can sue individually for damages and the NCAA-funded tests to gauge the extent of neurological injuries could establish grounds for doing that.
MICHAEL TARM, AP , The Dallas Morning News 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
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Wrongful Death

 
Second Lawsuit Over Teen Found Dead in Gym Mat
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The family of a Georgia teenager who was found dead in a rolled-up gym mat at school has filed a second lawsuit over the 17-year-old's death. The family previously filed a negligence lawsuit against the school district "claiming it was negligent and violated their son's constitutional right to equal protection based on race." The new wrongful death lawsuit filed by the family alleges that the school failed to protect the boy from being attacked by another student on January 11, 2013. The lawsuit accuses the Lowndes High School principal of failing to act after hearing reports that the teen had been attacked.
Staff Report, The Herald Sun 07/29/2014   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Herald Sun    



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