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April 30, 2018

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Join TTLA May 17-19, 2018 at the Marriott Marquis Houston for the 2018 Midyear Conference and CLE Seminar. network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn MCLE credit! Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for April 30
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In today’s Brief: A federal appeals panel reversed a lower court ruling against Texas’ voter ID law, a state lawmaker was charged with DWI, and a new study says cities should have permanent water restrictions.
Cassi Pollock , Texas Tribune 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Jury Awards Hog Farm Neighbors $50 Million in North Carolina
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A $50 million award has been granted to a number of North Carolina residents who allege they have suffered terrible odors due to their proximity to a 15,000-animal hog farm. The lawsuit stated the neighbors of the farm were subjected to noxious, sickening and overwhelming odors emanating from the farm's open-air sewage pits. The farm is operated by Murphy-Brown/Smithfield Foods, the world’s largest pork producer. After deliberating for less than two days, a Raleigh jury decided to award $50 million to the residents.
Anne Blythe, News & Observer 04/26/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: News & Observer

Southwest Passenger Files Suit Over Traumatic Explosion on Flight
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A passenger on the recent deadly Southwest Airlines flight that involved an engine explosion has filed a lawsuit over the traumatic incident. The plaintiff alleges she has suffered post-traumatic stress disorder, anxiety, depression, and other personal injuries as a result of the explosion, which killed one person on board. She was sitting three seats behind the passenger who was injured in the explosion, nearly sucked out the window, and later died. The complaint was filed last week in the U.S. District Court for the Eastern District of Pennsylvania.
Jennifer Calfas, Fortune 04/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Fortune

Woman Hit by Drone at USC Frat Party Settles Lawsuit
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A settlement has been reached in a lawsuit filed against a USC fraternity chapter and an event-planning company over injuries a woman suffered by a drone. The plaintiff filed suit over injuries she suffered when the drone, being used to take photos of individuals at the fraternity party, hit her in the head. According to the complaint, the plaintiff suffered injuries to the back of her head, forehead and left eye and became disoriented after she was struck by the drone. Pi Kappa Phi’s Delta Rho Chapter and the Perfect Event Inc. were accused in the lawsuit of negligence and premises liability. The terms of the settlement have not been disclosed.
Staff Report, San Diego Union Tribune 04/27/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Diego Union Tribune

Medical Tourism Subject of Lawsuits Over Mexican Weight Loss Surgeries
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Two recently filed lawsuits accuse Arizona businesses and individuals of marketing and profiting from weight-loss surgeries that were harmful to patients. The lawsuits filed in Maricopa County Superior Court take aim at medical tourism and those who encourage people to cross the border for medical care. One of the lawsuits names as defendants the Show Low (Arizona) Unified School District, former Show Low school district officials, Summit Healthcare Regional Medical Center and a Tijuana surgeon. According to that complaint, the defendants "used high-pressure sales techniques" to convince the plaintiff to obtain the risky procedure. The lawsuits say that the weight-loss operations have led to the death of one patient and injuries to a number of others.
Ken Alltucker, USA Today 04/28/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

Gov't Contractors' Texas Tort Claims Liability Capped At $100K
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The Texas Supreme Court on Friday said independent contractors performing essential functions for a governmental unit are entitled to a $100,000 cumulative damages cap under the Texas Tort Claims Act, in a suit alleging a Fort Worth bus driver’s negligence caused a pedestrian’s death. In a 5-3 ruling, the state’s highest court overturned a lower appeals court’s determination that Fort Worth Transportation Authority, McDonald Transit Inc., and parent company McDonald Transit Associates Inc. can face up to $300,000 in liability under the Texas Tort Claims Act.
Y. Peter Kang , Law360 ($) 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

GM Faces Potential $1B Payout Tied To Defective Switches
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The bankruptcy trust of Old GM has reached a settlement over legacy ignition switch lawsuits that could cost the reorganized New GM $1 billion if it’s approved by the New York bankruptcy court overseeing the case. The new deal comes just months after U.S. Bankruptcy Judge Martin Glenn chastised the so-called general unsecured creditors trust of the defunct Old GM, or GUC Trust, and its counsel for backing out of an earlier deal at the last possible minute in unmistakably bad faith.
Ryan Boysen , Law360 ($) 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

City Offers $475K to Parents Whose Baby Swallowed Battery
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A Florida city has proposed a settlement that would pay $475,000 to a family who were told their baby didn’t need medical treatment after swallowing a battery. Ensuing medical complications hospitalized the boy for three months. According to the lawsuit, Lauderdale emergency responders told Yandy Joseph and Matthew Asea in 2016 that their son would likely just poop out the battery and didn’t need a doctor. Instead, his saliva interacted with the battery lodged in his esophagus, causing permanent damage.
Associated Press, Yahoo News 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News



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