Announcements | 
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TTLA Is Going To NAPA |
| Fine Wine, Fine Food,Fine Company, Fine CLE. September 22—25, 2011 * Villagio Inn. Villagio Inn and Spa in Yountville will be our home away from home while we make our way around the vineyards of NAPA Valley. While in NAPA you will enjoy some of the best selections of wines produced in the area. Our chairs Bob Haslam and Clay Miller will also bring us six hours of informative CLE. |
TTLA on Twitter: Do you Tweet? |
| You can now follow TTLA on Twitter and retweet posts with your followers. Social media tools offer an opportunity to cut through the noise of those groups working daily to dismantle the jury system. Let’s work together turn up the volume, join us today! |
TTLA on Facebook: Turn up the volume! |
| Spread the truth about the civil justice system and rise above the chatter of the so-called “tort reformers’” propaganda machine. Become a fan of TTLA by liking the TTLA Facebook page and one click of the mouse shares relevant posts with your Facebook friends. |
Products |
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Nissan Recalls 20,000 Altimas |
| Nissan Motor Co. Ltd. announced earlier this month it would be recalling 20,000 Altima sedans over a steering problem that could lead to accidents. The company said that a bolt in the car may not have been tightened properly, and if it comes loose, the driver could lose control of the vehicle. There have been no injuries or accidents reported, a company spokesperson said. Staff Report, Chicago Tribune 08/01/2011 | Read Article: Chicago Tribune |
Laws/Cases |
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Suit: School Ignored Girl's Claims of Rape |
| A special education student in Missouri has filed a lawsuit against Republic Middle School, saying school officials ignored her reports that she was raped by another student in 2008. The plaintiff claims in the suit that school officials made her write an apology note to the student that allegedly raped her and deliver it to him personally. She was raped again in 2010, and DNA proved it was by the same student she had accused originally. The suit alleges misconduct by school officials and is seeking unspecified damages. Rheana Murray , New York Daily News 08/17/2011 | Read Article: New York Daily News |
City of Charlotte Targeted in Suit Over Fatal Wreck |
| A 2009 fatal car accident has prompted a lawsuit against the city of Charlotte, N.C., and the developer of a local community accusing the defendants of negligence. The lawsuit claims a traffic light should have been installed at the intersection where the accident occurred. According to the suit, the city agreed in 2008 that a light was needed, but the developer refused to pay the cost, and nothing was done. "The city was aware of the danger of the intersection but took no steps to install a traffic light," the suit says. Gary L. Wright, Charlotte Observer 08/18/2011 | Read Article: Charlotte Observer |
Suit Dismissed in Shooting Death of Juárez Boy by Border Patrol |
| A suit against the United States filed by the family of a 15-year-old Juárez boy who was shot and killed by a Border Patrol agent on the Rio Grande has been dismissed. The suit, filed by the family of Sergio Adrian Hernandez Güereca, alleged that the Border Patrol agent "negligently, wrongfully and tortuously caused the death of Güereca" on June 7, 2010, near the Paso del Norte Bridge. Senior U.S. District Judge David Briones dismissed the case Aug. 11, according to court documents. The ruling basically says that because the boy was shot in Mexico, there are no statutes that would apply in suing the U.S. government. Armando V. Durazo , El Paso Times 08/18/2011 | Read Article: El Paso Times |
Dispute Between KY man, Doctor Over Penis Amputation Does to Trial |
| The dispute between a Kentucky man and a surgeon over the necessity of amputating the patient’s penis during surgery is set to go to trial this week. The doctor maintains he found cancer in the man’s penis during surgery and that it had to be removed, according to the physician’s attorney. The patient claims the surgery was supposed to be a circumcision and he never authorized the amputation, nor was he given a chance to seek a second opinion. Associated Press, The Washington Post 08/18/2011 | Read Article: The Washington Post |
5 Ex-Altar Boys Settle with NJ Diocese |
| Five former altar boys who say a priest sexually abused them in the 1970s and 1980s have reached a settlement with the Catholic Church for more than $1 million. The Diocese of Trenton said it found allegations against the priest to be credible and called for other victims to speak out. The five victims say they were molested from ages 11 to 16 by the Rev. Ronald Becker, who died in 2009. The boys were altar servers at the Incarnation Church in Ewing, N.J. Associated Press, The Washington Post 08/18/2011 | Read Article: The Washington Post |
Issues |
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BP Investigates New Sheen in Gulf |
| Oil giant BP said that it was investigating a new sheen in the Gulf of Mexico but there was no immediate indication it was the result of a new oil spill. A catastrophic April 2010 explosion at BP's Macondo well in the Gulf killed 11 men and led to the worst offshore oil spill in U.S. history. The company said in a statement the sheen was found near two abandoned exploration well sites in the Gulf and it had sent a "remote-operated vehicle" to examine the underwater wells. Associated Press, Forbes 08/18/2011 | Read Article: Forbes |
New Study Measures Doctors’ Malpractice Risks |
| A report that cuts to the heart of the tort-reform debate, by the New England Journal of Medicine, attempts to measure the economic and emotional impact of medical malpractice cases on doctors. The study found about 20% of malpractice claims result in a payout to claimants, according to the study, which analyzed malpractice data from 1991 through 2005. The authors of the study noted earlier research concluding that only a small fraction of the patients harmed by medical mistakes actually file claims, AP reports. Given the costs that plaintiffs lawyers often must front in order to bring malpractice suits, along with the limited recoveries they face in some states that have passed tort reform legislation, “a lawyer would have to be an idiot to take a frivolous case to court,” an author of the study told AP. Nathan Koppel, Wall Street Journal - $$ Subscription Required 08/18/2011 | Read Article: Wall Street Journal - $$ Subscription Required($) |
TEXAS LAWYER CASE SUMMARIES |
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Houston's 14th Court of Appeals: Torts - expert reports |
| Appellant appeals the trial court's denial of his second motion to dismiss a medical malpractice suit based on an allegedly untimely filed and insufficient expert report. The trial court granted a hearing on the first motion to dismiss but made no record of it, orally granting a 30-day extension to the opposing party. Appellant later filed a second motion to dismiss asserting that the other party had not complied with the statutory 30-day extension to serve either an amended report from the original expert or a report from a new expert. Under Texas Civil Practice & Remedies Code §§74.351(a)-(c), if the plaintiff fails to serve an expert report within the 120-day statutory deadline, the trial court must dismiss the lawsuit with prejudice. However, it may grant a 30-day extension to a claimant to cure a deficiency in a timely filed report. The 30-day extension shall run from the date the plaintiff received notice, but the notice provided for in §74.351(c) must be written, not oral. Furthermore, an expert report will not be found insufficient as long as it adequately addresses at least one liability theory against a defendant health care provider, as was the situation in this case. Under the circumstances of the case, appellant failed to establish reversible error. The trial court's order is affirmed. Lopez v. Brown, Houston's 14th Court of Appeals, No. 14-10-01144, 08-11-2011 , Texas Lawyer Opinions (TTLA Members Only) 08/18/2011 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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