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  April 30, 2013

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The Plaintiff's Resource

Upcoming Online CLE

30
Apr

How to Handle A Federal Tort Claims Act Case

8
May

Surviving Daubert Challenges

9
May

Serious Head Injuries: Using the Latest Medical Knowledge and Tests to Persuade Juries

22
May

ERISA Subrogation

29
May

Blogging for Lawyers

Announcements


 

 

TTLA 2013 Annual Conference - Reinventing The Rules With Rick Freidman

June 12 - 14, Sheraton Downtown Hotel - Austin Register Now! The TTLA CLE Committee is proud to have Rick Friedman present Reinventing the Rules during the Annual Conference. You will want to reserve the date and book early as we expect that this will be the most heavily attended seminar in TTLA history and space will be limited. Click on the headline to learn more!  

 

2013 State Bar of Texas Election

Today (at 5:00) is the last day to vote for the State Bar of Texas President-Elect and directors. Click on the headline and cast your ballot.  

 

Laws/Cases


 

 

Military Counselors Win Class Cert. In Wage Dispute

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A CA federal judge conditionally certified a class of about 5,000 counselors working at U.S. military bases who claim military contractor Managed Health Network Inc. misclassified them in order to avoid paying overtime wages, ruling the plaintiffs were in a substantially similar position when the alleged harm occurred. U.S. District Judge Susan Y. Illston ruled that the “military family life consultants” whom MHN and affiliate MHN Government Services Inc. hired to provide counseling to military service members and their families shared the same job title and similar duties. They also were subject to the same employment agreement, the judge ruled, finding that “plaintiffs have made a showing that the [military family life] consultants have similar duties regardless of the type or location of assignment they are given.”
Ciaran McEvoy , Law360.com 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Law360.com    

 

Virus Outbreak in Yosemite Park Prompts Lawsuit

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A California woman has filed a $3.25 million lawsuit over an outbreak of hantavirus in Yosemite National Park last June. The woman claims she became ill after staying in the park last summer and has incurred millions of dollars in medical bills for treatment of the virus. Three visitors died and several were sickened from the outbreak.
Wire Report, San Jose Mercury News 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Jose Mercury News    

 

Suit Filed over Death of Tenn. State Football Player

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A lawsuit has been filed against Tennessee State University over the death of a football player on the practice field last fall. The suit, which is seeking $5 million in damages, accuses coaches and trainers of "failing to provide adequate care" to the player, who collapsed during practice. Medical staff did not have an automatic external defibrillator at practice, which is required by the NCAA, the suit says.
Mike Organ, USA Today 04/29/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today    

 

Healthcare


 

 

Hospitals See Surge of Superbug-Fighting Products

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In U.S. hospitals, an estimated 1 in 20 patients pick up infections they didn't have when they arrived, some caused by dangerous 'superbugs' that are hard to treat. The rise of these superbugs, along with increased pressure from the government and insurers, is driving hospitals to try all sorts of new approaches to stop their spread. Machines that resemble "Star Wars" robots and emit ultraviolet light or hydrogen peroxide vapors. Germ-resistant copper bed rails, call buttons and IV poles. Antimicrobial linens, curtains and wall paint. While these products can help get a room clean, their true impact is still debatable. There is no widely-accepted evidence that these inventions have prevented infections or deaths.
Associated Press, USA Today 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today    

 

Editorials/Columns/Letters


 

 

Editorial: Ignorance by Design in West Explosion

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A little-known section of Texas law allows agencies to withhold information they regard as confidential concerning the handling, storage and transportation of extremely hazardous chemicals. Not only can state agencies claim the right under the law to ensure that the public remains in the dark, they can assert the right to not even explain why they won’t release data. Residents of West had a right to know what they were living next to and that they were constantly being exposed to potential death. For them, the effect was the same whether the blast was caused by corporate negligence or terrorist sabotage. They were denied the right to make informed choices and protect themselves from an imminent danger.
Editors, The Dallas Morning News 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    

 

Business Litigation


 

 

GE Settles Lawsuit with Shareholders

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General Electric will pay $40 million to settle a lawsuit with investors over alleged misleading information put out by GE during the 2008 financial crisis. According to the lawsuit, top GE officials hid "billions of dollars of troubled assets" during the crisis, among other things, which artificially inflated the value of the company's GE Capital unit. During the crisis, GE stock fell as much as 77 percent.
Staff Report, Chicago Tribune 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Chicago Tribune    

 

Malpractice


 

 

Suit Filed over Surgery on Wrong Side of Brain

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A medical malpractice lawsuit has been filed against a St. Louis neurosurgeon and SSM Health Care-St. Louis after the doctor allegedly operated on the wrong side of a woman's brain. The lawsuit claims the doctor performed a craniotomy bypass on the right side of the patient's brain instead of the left, leaving her unable to speak intelligibly and in need of around-the-clock care. The lawsuit is seeking unspecified damages.
Jim Doyle, St. Louis Post Dispatch 04/30/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: St. Louis Post Dispatch    


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