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August 20, 2012

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Fracking Watchdog is Linked to Oil Industry

CA Suing Doctor Over Billing Tactics

Heavier Limits Weighed for Big Rigs on Texas Highways

Dallas Court of Appeals: Torts

Inmate's Suicide Sparks Wrongful Death Lawsuit

Suit over North Carolina Teen's Death Settled

 

 

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Announcements

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TTLA Facebook Page & Twitter Too!

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TTLA Facebook Page has a fresh new face! Click on the headline and like us - Twitter too has had a facelift, follow us at @ttla_. A big thank you to TTLA member Stacey Burke of Houston for updating our look!  

 

Share on FB: Judicial Politics Leave Some Plaintiffs in Limbo, YNN Austin Capital Tonight

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Excerpted from: Judicial politics leave some plaintiffs in limbo, YNN Austin Capital Tonight: "A personal tragedy has turned into a very public legal fight for one Texas family. It's a story that may shed some light on weaknesses within the state's judicial system. Imagine not being able to remember where you were sitting at a restaurant after a simple trip to the restroom. That’s the life Michelle Gaines leads today. A traumatic brain injury suffered in a devastating car wreck in 2006 robbed her of a healthy mind. Then, a jury in her community awarded her $8 million, before a court of appeals overturned it. Now, the Texas Supreme Court is refusing to hear the case."  

 

Issues

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Fracking Watchdog is Linked to Oil Industry

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A retired aerospace executive — appointed to review a controversial study on hydraulic fracturing after it was disclosed the author has strong industry ties — has strong industry ties himself. UT at Austin appointed Norman Augustine to chair a three-member panel charged by the university with taking “an independent look” at a study that concluded fracking doesn't harm groundwater. But Augustine “doesn't pass the smell test” because he served on the board of Houston-based ConocoPhillips or its predecessor company from 1989 to 2008, said Kevin Connor, a director of the Public Accountability Initiative, a watchdog group in Buffalo, N.Y. Augustine still receives payments from ConocoPhillips that he deferred after retiring as a board member on May 14, 2008, according to the company's 2009 proxy.  Vicki Vaughan, San Antonio Express News  08/20/2012

Read Article: San Antonio Express News    

 

CA Suing Doctor Over Billing Tactics

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When Bill Buck accidentally cut off the tip of his finger at his Duarte cabinet workshop two years ago, he headed to Huntington Memorial Hospital's emergency room. He assumed his insurance company would sort out the $12,630 bill from the plastic surgeon, Jeannette Martello. But Martello wasn't satisfied with the $3,500 insurance reimbursement, so she returned the check and filed a lawsuit against Buck, his wife and his business for the full amount, according to the state AG's office. She also began a process to force the sale of Buck's home to collect the money, records show. Martello's use of aggressive tactics to collect fees from emergency room patients like Buck — including lawsuits, taking out liens on their homes and damaging their credit — prompted an unprecedented court case by state health officials and a judge's order for Martello to cease the practices.  Anna Gorman, LA Times  08/20/2012

Read Article: LA Times    

 

Heavier Limits Weighed for Big Rigs on Texas Highways

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Heavier trucks could soon be allowed on Texas highways as the state prepares for a potentially massive increase in freight shipments across its roadways caused by the expansion of the Panama Canal. State officials plan to ask federal officials as well as state legislators permission to allow trucks with six axles weighing up to 97,000 pounds on Interstate 45 from Houston to North Texas.The current truck weight limit is generally 80,000 pounds on vehicles with five axles, although trucks heavier than that can -- and frequently do -- legally roll on Texas highways if they first pay for overweight permits.  Gordon Dickson, Star Telegram  08/20/2012

Read Article: Star Telegram    

 

TEXAS LAWYER CASE SUMMARIES

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Dallas Court of Appeals: Torts

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In this medical malpractice case, appellants' medical authorization form correctly tracked the statutorily prescribed text, satisfied the legislative purpose, and triggered the tolling of the limitations period. Accordingly, the trial judge erred in ruling that appellants' claims were barred by limitations as a matter of law and in granting summary judgment. The judgment is reversed and remanded. Mock v. Presbyterian Hospital of Plano, Dallas Court of Appeals, No. 05-11-00936-CV, 08-09-2012  Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only)  08/20/2012

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Wrongful Death

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Inmate's Suicide Sparks Wrongful Death Lawsuit

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The suicide of an inmate in the Sedgwick County jail in Kansas has resulted in a wrongful death lawsuit against the county government and a sheriff by the inmate's family. According to the suit, the inmate, who suffered from bipolar disorder, was begging for help and to see a nurse in the days before he killed himself. The victim's sister said she warned jail officials about her brother's condition, but nothing was done to protect him from himself. The suit is seeking $250,000 in damages.  Tim Potter, Wichita Eagle  08/19/2012

Read Article: Wichita Eagle    

 

Suit over North Carolina Teen's Death Settled

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A lawsuit over the death of a Davidson County, N.C., teenager has been settled by defendants, including the man convicted of her 2010 murder. The teen died from injuries suffered when she was struck by a brick thrown through the window of the car she was riding in while leaving a high school graduation party. The suit also named the parents who hosted the party, claiming they allowed underage kids to consume illegal drugs and alcohol.  Darrick Ignasiak, The Lexington Dispatch  08/20/2012

Read Article: The Lexington Dispatch    


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