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April 20, 2017

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Upcoming Online CLE
20
Apr
PUNITIVE DISCOVERY-How to Get it and What to Do With it Once You Have it
25
Apr
Developing Damages Through the Medicine of Lifestyle
26
Apr
Social Media and the Client: Practical Guidelines to Avoid Potential Pitfalls
27
Apr
Expert Investigations Using Plaintiff Only Databases
28
Apr
TTLA Legislative Update Webinar (Sponsored by Rebekah Reedy Miller Settlement Partners)
3
May
Bad Faith in Personal Injury Cases
9
May
How the Defense Values a Case
11
May
The Law Firm of Tomorrow: Going 100% Cloud
Announcements

Check out this outstanding line-up of speakers!
Join TTLA June 7-9, 2017 at the Omni Austin Hotel Downtown for the 2017 Midyear Conference and CLE Seminar. Network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn up to 10 hours of MCLE credit! Click on the headline to register.

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The Legislative War Chest helps underwrite the extra costs associated with protecting your practice at the Capitol. War Chest contributors get access to in-depth conference call updates throughout session and special recognition on the TTLA website and at TTLA events. Click on the headline to make your contribution.

Texas Tribune Daily Brief

The Brief for April 20
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SANYA MANSOOR AND BOBBY BLANCHARD, Texas Tribune 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Studies/Reports

Study: Texas Among Top 20 States With Most Distracted Drivers
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A study conducted by Zendrive has Texas as the 17th worse state for phone-distracted drivers. The study found that during an hour-long trip, drivers in the U.S. spent an average of 3.5-minutes using their phones.
CBSDFW.COM, CBS DFW 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: CBS DFW


Issues

Holiday Inn hotel Chain Reveals Malware Attack
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Front desk cash registers at more than 1,200 hotels in the InterContinental Hotels Group, which includes the Holiday Inn and Crowne Plaza brands, were infected with malware that stole customer debit and credit card data between September 29, 2016 and December 29, 2016, the company said. InterContinental originally said only a dozen properties were affected, but has now expanded the list.
Elizabeth Weise , USA Today 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Laws/Cases

Bose Faces Lawsuit Claiming Headphone Apps Collects User Data
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A complaint filed in U.S. district court in Illinois alleges Bose collected information such as music and audio choices through its Connect mobile app, then shared that with other companies â?? including a data mining firm â?? without user consent. "Though the data collected from its customersâ?? smartphones is undoubtedly valuable to the company, Defendantâ??s conduct demonstrates a wholesale disregard for consumer privacy rights and violates numerous state and federal laws," reads an excerpt of the complaint.
Brett Molina, USA Today 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

S. TX Woman Sues Blue Bell
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In a petition filed Monday, the Houston Chronicle reported, Ursula Burton of Galveston County said she bought Blue Bell ice cream at a Valero Corner Store on April 18, 2015. Both she and her daughter ate the ice cream and, according to the petition, "became violently ill and started to vomit" later that day.
Marc Ramirez, The Dallas Morning News 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Texas Must Pay $600K in Fees After Conceding Same-Sex Marriage Case
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Texas is on the hook for more than $600,000 in fees associated with its unsuccessful fight to defend the stateâ??s ban on same-sex marriage. Affirming a lower court ruling on the fees, the U.S. 5th Circuit Court of Appeals this week shot down Texas Attorney General Ken Paxtonâ??s challenge to the award amount granted to two same-sex couples who had sued the state. A three-judge panel of the 5th Circuit ruled that the district court "acted will within its broad discretion" in awarding those legal fees.
ALEXA URA, Texas Tribune 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune

Minnesota Family, Others Say Apple Could Prevent Distracted Driving Deaths
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A Minnesota family has filed suit against Apple over the death of their son by a distracted driver. The 20-year-old man was riding his scooter when he was hit by a teenage driver who was using his phone. The lawsuit against Apple, the maker of the teen's iPhone, alleges that the company has not done enough to prevent drivers from being able to use their phones while driving. Some critics, including the plaintiffs, say that Apple and other phone-makers could install technology to prevent drivers from being able text on their phones while operating vehicles.
Wendy Lee, San Francisco Chronicle 04/17/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Francisco Chronicle

Tesla's Autopilot Self-Driving System Slammed in Lawsuit
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Tesla's Autopilot partial self-driving system is flawed, causing cars to steer erratically when it is engaged, and the electric automaker hasn't been timely in delivering promised safety features, a lawsuit filed Wednesday alleges. The suit, filed in U.S. District Court in San Jose, Calif., seeks class-action status.
Chris Woodyard, USA Today 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Products

FDA Warning Wire: Faulty St. Jude Devices Used In Patients
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Cybersecurity and battery problems with heart devices continue to trouble Abbott's St. Jude Medical Inc., whose devices were still being implanted in patients despite a recall over faulty batteries last fall, according to a recent warning letter from the U.S. Food and Drug Administration. And cybersecurity issues with smart heart devices still havenâ??t been handled to agencyâ??s satisfaction, which warned about the problem early in the year.
Emily Field, Law360 ($) 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Honda: U.S. Driver Seriously Injured in Takata Inflator Rupture
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Honda said on Wednesday a driver of a 2002 Accord was seriously injured after a faulty Takata air bag inflator ruptured during a March 3 crash in Las Vegas, Nevada. The automaker said the inflator had not been installed by a dealer but likely was a salvaged part from a junk yard. Honda said it has purchased more than 60,000 salvaged Takata Corp air bag modules in an effort to prevent similar incidents. In June 2016, federal regulators said inflators in 2001-2003 model Honda and Acura vehicles have up to a 50 percent chance of a dangerous air bag inflator rupture in a crash.
David Shepardson , Reuters 04/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Wrongful Death

California Landlords Face Lawsuit Over Carbon Monoxide Deaths
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California landlords have been named in a lawsuit over carbon monoxide deaths. The wrongful death lawsuit, filed in Alameda County Superior Court, alleges that the death of one couple could have been prevented if their landlords had installed a carbon monoxide detector. The lawsuit was filed by the mother of the woman who was found dead, along with her husband and two cats, in January. Although an investigation failed to reveal a carbon monoxide leak, an autopsy report indicated that the man and woman had "extremely high" levels of carbon monoxide in their systems.
Malaika Fraley, San Jose Mercury News 04/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Jose Mercury News



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