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| Announcements |
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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop |
| 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. |
| 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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Student Seeks Right to Wear Shirt in Lawsuit |
| A homosexual student at an Ohio high school has filed a lawsuit against school administrators who made him remove a t-shirt he was wearing that said "Jesus is not a homophobe." The student said he wore the shirt "to draw attention to the silencing of gay and lesbian students through intimidation" but that he was told he could not because the shirt was "indecent and sexual in nature." The lawsuit is seeking unspecified damages from the school board and permission for the student to wear the shirt. Nina Mandell, New York Daily News 04/04/2012 | Read Article: New York Daily News |
Suit Against ICE Agents Going Forward, Judge Says |
| A federal judge in Ohio has ruled that a lawsuit against immigration agents who deported a mentally disabled U.S. citizen can proceed. The judge denied a motion to dismiss claims of lack of due process and unreasonable search and seizure against the five U.S. Immigration and Customs Enforcement (ICE) agents involved in the man's deportation. The suit claims the agents "manipulated the man into signing documents allowing his deportation." Wire Report, Atlanta Journal-Constitution 04/03/2012 | Read Article: Atlanta Journal-Constitution |
Suit: Boy Sexually Battered at Florida Daycare |
| An Orlando mother has filed a lawsuit against a local daycare center where her young son was allegedly molested by another child. The mother claims an older boy at the daycare took her son into a "fort" he built in the gym and sexually battered him on multiple occasions. The suit says daycare faculty were made aware of the situation, but did nothing to resolve the issue. Jeff Weiner, Orlando Sentinel 04/03/2012 | Read Article: Orlando Sentinel |
TEXAS LAWYER CASE SUMMARIES |
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Houston's 14th Court of Appeals: Torts |
| The trial court rendered judgment in favor of a husband and wife based upon a favorable jury verdict on their statutory-fraud claims against various defendants. The defendants appeal. If the predicate conduct for the assessment of exemplary damages is included in the essential elements of a claim and if one conspirator has been found liable as to that claim, a finding of the predicate for exemplary damages is not necessary as to the other conspirator; but the essential elements for statutory fraud do not satisfy the prerequisite for assessing exemplary damages. The trial court's judgment is affirmed, as modified. Energy Maintenance Services Group I LLC v. Sandt, Houston's 14th Court of Appeals, No. 14-09-00907-CV, 03-29-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 04/04/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Texas Supreme Court: Torts |
| It was stipulated in this case that Edward Cantu's negligence caused an auto accident. Cantu was employed by Montgomery County Auto Auction but was driving a truck owned by Puckett Auto Sales. The court of appeals remanded for a new trial, finding that MCAA and Puckett could not have simultaneously controlled Cantu's conduct. If findings create a conflict about the same material fact, the party claiming conflict must show that one of the conflicting findings necessarily requires the entry of a judgment different from that which the court has entered. The court of appeals' judgment is reversed. Arvizu v. Estate of George Puckett, Texas Supreme Court, No. 11-0023, 03-30-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 04/04/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Business Litigation |
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Facebook Fires Back at Yahoo with Patent Lawsuit |
| Social media giant Facebook has filed a lawsuit against Yahoo, accusing the search engine company of violating some of Facebook's patents. Some of the patent violations the suit contends include patents on display advertising, content personalization and photo sharing. The suit by Facebook comes about a month after Yahoo filed its own patent infringement lawsuit against the social media company, alleging up to 10 violations. Michael J. De La Merced and Evelyn M. Rusli, The New York Times 04/04/2012 | Read Article: The New York Times |
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