Texas Trial Lawyers Association

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  April 2, 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.  





Supreme Court Sends Back Lawsuit on Washing Machines

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The Supreme Court on Monday wiped out an appeals court ruling in favor of consumers who bought front-loading washing machines made by Whirlpool. The court said the Cincinnati-based 6th U.S. Circuit Court of Appeals decision endorsing a group lawsuit, known as class action certification, had to be reconsidered in light of the Supreme Court's 5-4 ruling last week in another consumer case involving Comcast Corp. The class action lawsuit against Whirlpool said that the high-efficiency washers were defective because they emitted unpleasant odors.
Lawrence Hurley, Reuters, Yahoo News 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

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Justices to Take up Forum-Shopping Case

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The U.S. Supreme Court on Monday agreed to resolve whether federal courts must enforce agreements between businesses on where to battle out their disputes. In Atlantic Marine Construction Company v. J-Crew Management, the justices next term will review two different and conflicting approaches taken by the federal circuit courts in their enforcement of forum-selection clauses in business contracts. The U.S. Chamber of Commerce and the Texas Civil Justice League filed amicus briefs urging the court to take the case and to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit.
Marcia Coyle , The National Law Journal - $$ Subscription Required 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

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BP Spill Claims Administrator Urges Dismissal of Lawsuit

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The administrator of BP Plc's settlement with thousands of people and businesses who sued over the 2010 Gulf of Mexico oil spill urged a federal judge on Monday to end the company's lawsuit over how he determines damages claims. BP had last month urged U.S. District Judge Carl Barbier in New Orleans to issue an emergency order to stop court-appointed administrator Patrick Juneau from paying out "absurd" amounts based on inflated or fictitious claims.
Jonathan Stempel, Reuters 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Over Volvo Sunroofs Can Move Forward

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A federal judge in New Jersey has allowed to move forward a class-action suit that asserts sunroofs in thousands of Volvos were prone to water leaks, which could compromise a crucial safety system. The suit contends that the company concealed the problem from consumers. The suit claims that the problem affects “tens of thousands” of vehicles, including the S40, S60, S80, V50 and V70 from 2004-13 or when the models were discontinued. Also covered are the 2003-13 XC 90 models and the 2005-11 V50.
CHRISTOPHER JENSEN, The New York Times 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Filed over Baseless Surveillance and Raid of Home

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A couple in a Kansas City suburb has filed a lawsuit against Johnson City deputies over a "SWAT-style raid" on their home in a futile search by deputies to find marijuana. The lawsuit claimed a warrant was granted to search the couple's home based on the purchase of gardening equipment to grow tomatoes. The couple has filed repeated requests for information on the warrant, but have been stonewalled by the sheriff's department, the suit claims.
Christine Vendel, Kansas City Star 03/30/2013   Facebook iconTwitter iconLinkedIn Icon

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Ford Recalls Vehicles Due to Fuel Tank Leak

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Ford Motors will issue a voluntary recall of about 3,000 models of Ford Explorers, the Ford Taurus and Lincoln MKS due to potential leaks in the vehicle's fuel tanks. The company said leaks can be caused by a poor seal and pose a fire risk in the recalled vehicles. There have been no accidents or injuries reported.
Alisa Priddle, Detroit Free Press 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

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Buffalo Trace Recalls Condiment Sauces

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Buffalo Trace has issued a recall of five condiment sauces due to undeclared allergens present in the products. The company said customers with sensitivity to wheat, soy, anchovy or milk may be affected if they consume the products. There have been no illnesses reported.
Monte Morin, LA Times 03/28/2013   Facebook iconTwitter iconLinkedIn Icon

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Subaru RecallingThousands of Vehicles to Fix Rusty Brake Lines

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Subaru is recalling about 200,000 Legacy and Outback all-wheel-drive vehicles because the brake lines can rust and leak fluid. The recall affects cars from the 2005 through 2009 model years sold in 20 states and Washington, D.C., where salt is used to clear roads in the winter.
Associated Press, The Washington Post 04/02/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post