Texas Trial Lawyers Association

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  April 1, 2013

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The Plaintiff's Resource

Upcoming Online CLE


The Do’s and Don’ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides


Building Credibility with Judges, Mediators and Opposing Counsel


Metal-on-Metal Hip Implant Litigation: The One-Hour Crash Course


How to Handle A Federal Tort Claims Act Case




2013 TTLA Pharmaceutical & Medical Device Seminar, April 25-26

NOTE: Hotel room block ends on April 4th. Join WILLIAMS KHERKHER, CLARK, LOVE & HUTSON, G.P. and FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. in Houston on April 25-26, 2013 for a ground-breaking new seminar. For the first time ever, these three law firms will join forces with TTLA to present a seminar dedicated solely to the fast-paced, ever-changing world of Pharmaceutical and Medical Device Litigation. This uniquely-structured seminar will feature updates on the hottest torts, panel discussions by leading mass tort attorneys, and speeches by TTLA legends Michael Gallagher, Tommy Fibich, John Eddie Williams and Ernest Cannon. The program is full of resources and networking opportunities for everyone, so join us for the newest TTLA seminar devoted to the trials and challenges of the mass tort lawyer. Click on the headline to learn more.  





Suit Says Ford Cars Accelerate Randomly

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A lawsuit has been filed against Ford Motors, alleging that vehicles built between 2002-2010 contain a "design defect" that can cause them to suddenly accelerate. The suit, representing Ford owners in 14 states, claims the vehicles don't have the proper "brake override technology" to stop the car at times of unintended acceleration. The lawsuit is seeking class-action status.
Jayne O'Donnell, USA Today 03/28/2013   Facebook iconTwitter iconLinkedIn Icon

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Bullying Suit Dismissed Against District in Houston

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A Houston family has dropped their lawsuit against Cypress-Fairbanks ISD over the suicide of a 13-year-old boy, who allegedly was "bullied to death" by other students. While family members said they were certain the boy had been bullied at school, there was little or no evidence that district officials had "repeatedly ignored the problem."
Jennifer Radcliffe, Houston Chronicle 04/01/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death Suit Against Utah Dismissed

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A Utah judge has ruled that the state transportation department cannot be sued over the death of a 15-year-old girl who died in a car wreck on State Road 35 in 2011. The accident was caused when flood waters opened a chasm on the highway. The judge said that the states' Governmental Immunity Act protects all government agencies from injury lawsuits "tied to the management of flood waters and the operation of a storm system."
Michael McFall, The Salt Lake Tribune 03/29/2013   Facebook iconTwitter iconLinkedIn Icon

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Former NFL Player Files Age Discrimination Suit

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Former Detroit Lions great Lem Barney has filed a discrimination suit against the Detroit Medical Center, alleging he was harassed and eventually terminated by a supervisor because of his age. The suit states the supervisor repeatedly asked Barney if he "should think about retiring" because of his age, and that his position was reduced to a clerical job and his pay reduced more than 50 percent. The lawsuit is seeking more than $25,000 in damages.
L.L. Brasier, Detroit Free Press 03/29/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit: Man Fired for Interracial Marriage

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An Oklahoma City man has filed suit against his former employer, alleging he was terminated due to racial discrimination. The man, who is white but married to a black woman, says in his suit that co-workers made "racial slurs and offensive racial remarks" about African-Americans around him, and when he reported the conduct, he was chastised and eventually fired. The suit says the plaintiff had a spotless work record and was never disciplined before being terminated.
Tim Willert, 03/30/2013   Facebook iconTwitter iconLinkedIn Icon

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Former N. TX Resident Wins Lawsuit Over HIV Discrimination

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When Sue Gibson tried to get treatment for an eating disorder at a clinic near St. Louis in November 2010, she was initially told there was a waiting list. Gibson was stunned when the caseworker at Castlewood Treatment Center for Eating Disorders mentioned she was unlikely to be admitted because she was HIV positive. Gibson didn't accept her rejection lightly. Castlewood ultimately agreed in February to a $140,000 settlement with the U.S. Justice Department -- $115,000 to Gibson and $25,000 in civil penalties -- the second highest in the history of HIV-related discrimination cases.
Bill Hanna, Star Telegram 04/01/2013   Facebook iconTwitter iconLinkedIn Icon

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As OSHA Emphasizes Safety, Long-Term Health Risks Fester

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For about five years, Ms. Farley, 45, stood alongside about a dozen other workers, spray gun in hand, gluing together foam cushions for chairs and couches sold under brand names like Broyhill, Ralph Lauren and Thomasville. Fumes from the glue formed a yellowish fog inside the plant, and Ms. Farley’s doctors say that breathing them in eventually ate away at her nerve endings, resulting in what she and her co-workers call “dead foot.” A chemical she handled — known as n-propyl bromide, or nPB — is also used by tens of thousands of workers in auto body shops, dry cleaners and high-tech electronics manufacturing plants across the nation. Medical researchers, government officials and even chemical companies that once manufactured nPB have warned for over a decade that it causes neurological damage and infertility when inhaled at low levels over long periods, but its use has grown 15-fold in the past six years.
IAN URBINA, The New York Times 04/01/2013   Facebook iconTwitter iconLinkedIn Icon

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Class Action



Whirlpool Named in Ohio Cancer Cluster Lawsuit

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A group of 10 people in northwest Ohio have filed a $705 million lawsuit against Whirlpool, claiming toxins found in a former Whirlpool Corp. park caused cancer. The suit accuses Whirlpool of dumping polychlorinated biphenyls, or PCBs, in the park, and should have known the toxins would have caused harm to nearby residents. The suit says at least 35 children in the area have been diagnosed with cancer; four have died.
Vanessa McCray, Toledo Blade 03/29/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Fatal Car Crash After Football Game Prompts Suit

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A wrongful death lawsuit has been filed over the death of a University of Alabama student who was killed while traveling back from the national championship game in January. The lawsuit names the driver of the truck she was riding in as a defendant, alleging he pulled out in front of a bus while entering the highway, causing a multi-car accident. The suit is seeking unspecified damages.
Alexis Stevens, Atlanta Journal-Constitution 03/28/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Atlanta Journal-Constitution    

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