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April 02, 2012

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Camera on Buses Program Targeted in Lawsuit

Funeral Home Body Mix-up Prompts Lawsuit

Former Airman Sues U.S. After Botched Surgery

Additional Former Players Join Concussion Lawsuit Against NFL

Medtronic Will Pay $85M to End Shareholder Lawsuit

CA's Biggest Verdicts Involve Business Disputes

Suit Says 'Siri' Doesn't Work as Advertised

$4.2 Million Awarded in Medical Malpractice Suit

 

 

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Announcements

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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop

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Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more!  

 

TTLA is accepting nominations for the Making a Difference Award.

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TTLA, at the discretion of the Executive Committee, presents the Making a Difference Award to recognize and honor those clients whose cases demonstrate the critical role of the civil justice system in protecting the rights of Texas families. Any client (past or present) of a current TTLA member is eligible for this award. Click on the headline to learn more and download the nomination form.  

 

Laws/Cases

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Camera on Buses Program Targeted in Lawsuit

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A lawsuit has been filed against the Jefferson Parish Council in Louisiana over a program that calls for cameras to be installed on school buses to catch drivers that pass buses while children are boarding or disembarking. The suit claims that, much like red-light cameras, the program "violates drivers' due process rights" by "immediately assuming a plaintiff guilty or liable of overtaking a school bus simply because the plaintiff is the registered owner of the vehicle photographed." By simply relying on a photograph to issue a citation, the suit says drivers are denied the right to confront prosecution witnesses, such as police officers.  Mark Waller, New Orleans Times-Picayune  04/02/2012

Read Article: New Orleans Times-Picayune    

 

Funeral Home Body Mix-up Prompts Lawsuit

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A body mix-up by a Richland Township, Penn., funeral home has prompted a lawsuit by the family of one of the deceased men. The suit claims the funeral home delivered the wrong body to the family's viewing, and the mistake was not discovered until the day of the viewing. The correct body was discovered to be still at a local hospital. The suit is seeking at least $50,000 in damages.  Staff Report, United Press International  04/02/2012

Read Article: United Press International    

 

Former Airman Sues U.S. After Botched Surgery

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Retired Airman Colton Read and his wife sued the U.S. government in federal court Friday, asserting that military surgeons botched a routine gallbladder procedure so badly that civilian doctors had to amputate his legs to save his life. The lawsuit, filed in U.S. District Court in Fort Worth paints a graphic picture of what went terribly awry in the operating room and intensive-care unit at David Grant Medical Center at Travis Air Force Base, Calif., on July 9, 2009. Read was supposed to have his gallbladder removed before deploying overseas.  Chris Vaughn, Star Telegram  04/02/2012

Read Article: Star Telegram    

 

Additional Former Players Join Concussion Lawsuit Against NFL

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Ex-football players who are suing the NFL in federal court in Philadelphia say the league didn't do enough to inform players about the dangers of head injuries and protect them from concussions in the past, and it isn't doing enough to take care of them today. ex-players who are suing the NFL in federal court in Philadelphia. They say the league didn't do enough to inform players about the dangers of head injuries and protect them from concussions in the past, and it isn't doing enough to take care of them today. The lawsuits began in the wake of a growing body of scientific evidence connecting repeated blows to the head and long-term brain damage. Most of the cases are now linked and before a judge in Philadelphia; the first procedural hearing is about a month away.  HOWARD FENDRICH, AP, Yahoo News  04/02/2012

Read Article: Yahoo News    

 

Medtronic Will Pay $85M to End Shareholder Lawsuit

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Medical device maker Medtronic Inc. has agreed to pay $85 million to resolve a federal class action lawsuit brought by a group of shareholders. In December 2008, the Minneapolis Firefighters Relief Association filed a lawsuit alleging Medtronic made false and misleading public statements about its InFuse bone repair protein. The plaintiffs said Medtronic did not disclose how much of the company’s revenue from InFuse came from “off-label” uses, or uses that have not been approved by regulators, did not disclose the side effects that some of those patients were suffering, and did not disclose what the plaintiffs described as illegal marketing.  Associated Press, The Washington Post  04/02/2012

Read Article: The Washington Post    

 

Issues

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CA's Biggest Verdicts Involve Business Disputes

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In the debate over CA's sour economy, complaints about out-of-control lawsuits and astronomical jury verdicts often arise. But data compiled by the National Law Journal show a different dynamic was in play in CA courts last year.The biggest verdicts in CA in 2011, including a $2.32 billion award made by a jury in Los Angeles, came in lawsuits in which one big corporation sued another, the data show.  Lance Williams, San Francisco Chronicle  04/02/2012

Read Article: San Francisco Chronicle    

 

Business Litigation

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Suit Says 'Siri' Doesn't Work as Advertised

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A second lawsuit has been filed against Apple's voice-activated program Siri, accusing the company of exaggerating the program's abilities in its advertising. The lawsuit claims Siri often provides the wrong answer to user questions or does not understand voice commands. "Apple's deceptive commercials diverge greatly from the actual functionality and operation of the Siri features," the suit says.  Nathan Olivarez-Giles, LA Times  03/28/2012

Read Article: LA Times    

 

Malpractice

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$4.2 Million Awarded in Medical Malpractice Suit

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A $4.2 million verdict has been awarded to a Pennsylvania couple in a medical malpractice lawsuit against a physician at the Moses Taylor Hospital. The jury ruled the physician was negligent in the treatment of Sandra J. Powell, who was admitted to the hospital in 2003 after suffering multiple strokes. The suit alleged the doctor should have known the woman was at risk of suffering another stroke and should have done more to prevent it before discharging her.  Steve McConnell, The Scranton Time-Tribune  03/30/2012

Read Article: The Scranton Time-Tribune    


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