Texas Trial Lawyers Association

This service sponsored by Trialsmith

  August 21, 2014

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Upcoming Online CLE


Don't Miss the Boat: Basics of Maritime Personal Injury Law


How to Handle a Class Action Case


Technology: Taking Your Paperless File from the First Interview to Trial


iPads at Trial: What's been working in 2014.


Guide to NFL/NCAA Concussion Settlement Proceedings


Personal Injury 101 - Nuts and Bolts of Personal Injury Practice Part 1


Personal Injury 101 - Nuts and Bolts of Personal Injury Practice Part 2


Protecting Tort Plaintiffs from Defendants' Latest Strategies in Chapter 11 Bankruptcies



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 August 21

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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Texas Car Lender Is Accused of Distortion in Subprime Inquiry

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As federal prosecutors and regulators wrap up many of their largest mortgage investigations, their focus is shifting to another lending boom underway: the market for auto loans to people with shoddy credit. On Wednesday, the investigations — several are already in the works, people with knowledge of the matter say — fixed on an auto lender in Texas, which the Consumer Financial Protection Bureau accused of tarnishing borrowers’ credit reports. The lender, First Investors Financial Services Group, agreed to pay a $2.75 million penalty over accusations that it consistently gave giant credit reporting agencies like Experian and Equifax flawed reports about thousands of car buyers. The reports, the agency said, exaggerated the number of times that borrowers fell behind on their bills, a mistake that could jeopardize their ability to find housing or even get jobs.
JESSICA SILVER-GREENBERG and MICHAEL CORKERY , The New York Times 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Bank of America Agrees to Nearly $17B Settlement

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Bank of America has agreed to pay nearly $17 billion to settle federal and state allegations it sold risky, mortgage-backed securities to investors before the national financial crisis, a person familiar with the matter said Wednesday. The tentative deal is expected to include billions to the Department of Justice and several states, with billions more going to reduce mortgage payments for struggling homeowners and other consumer relief.
Kevin McCoy & Kevin Johnson, USA Today 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Parents File Suit Against

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A Wisconsin couple has sued and a baby sitter hired through the website after their baby daughter died from a skull fracture while in the sitter’s care. The suit by Nathan and Reggan Koopmeiners of Kenosha claims they paid for a “premier background check,” but it failed to turn up the baby sitter’s criminal record, the Chicago Tribune reports. Court records indicate that a woman named Sarah Rachoner was convicted of DUI in 2010; the baby sitter, Sarah Gumm, had previously used that name, the Tribune says. Gumm has been charged with murder in the death of the 3-month-old baby, Rylan Koopmeiners, according to the story.
Debra Cassens Weiss, American Bar Association Journal 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Widow Files Suit Over Mentally Ill Husband's Taser Death

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The widow of a mentally ill man from Ferguson, Missouri who was killed after police officers used a Taser on him in September 2011. The lawsuit alleges that the police's use of the Taser on the man caused him to have a heart attack, killing him. According to the filing, police were responding to a call after the man was found naked, "suffering from a psychological disorder and [demonstrating] clear signs of mental illness." The lawsuit names as defendants the Ferguson police department, the city, the police chief, two police officers, the mayor and several city council members.
Leah Thorsen, St. Louis Post Dispatch 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Anthem Blue Cross Faces Another Network Lawsuit

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Insurance company Anthem Blue Cross is facing another lawsuit over their "narrow-network health plans." The lawsuit was filed Tuesday in Los Angeles County Superior Court by 33 Anthem customers who allege that the insurance company has limited the number of approved doctors since the initiation of Obamacare. The lawsuit accuses the insurance company "of misrepresenting the size of its physician networks and the insurance benefits provided in new plans offered under the Affordable Care Act." Many similar recent lawsuits have sparked an investigation by California regulators.
Chad Terhune, LA Times 08/19/2014   Facebook iconTwitter iconLinkedIn Icon

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As Hospices Enroll Patients Who Aren’t Dying, Questions About Lethal Doses Arise

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The hospice industry boom has been accompanied by what appears to be a surge in hospices enrolling patients who aren’t close to death, and at least in some cases, this practice can expose the patients to the more powerful pain-killers that are routinely used by hospice providers. Hospices see higher revenues by recruiting new patients and profit more when they are not near death. There are no statistics on how often such abuses may be occurring. But complaints from around the country illustrate the potential dangers of enrolling patients in hospice even though they are not near death, the families involved say.
Peter Whoriskey, The Washington Post 08/21/2014   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death


Lawsuit Filed Against Texas Police over Fatal Altercation

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The family of a man from Florence, Texas who died five months after being paralyzed during an altercation with Round Rock police has filed a wrongful death lawsuit. According to the lawsuit, police officers approached the man's vehicle outside of a gentleman's club in Round Rock. The man, who suffered from back problems, was pulled from his vehicle by police officers, despite the placard indicating that the man was disabled, and he fell face-first to the ground. After five months in the hospital, the 44-year-old man died on Monday. The lawsuit seeks punitive damages and the cost of the man's medical bills.
Tom Miller, KVUE-TV 08/20/2014   Facebook iconTwitter iconLinkedIn Icon

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