| Live Webinar (9/27/18): The New Federal Tax Law: Implications are Surprisingly Bad for Plaintiffs |
Robert W. Wood will discuss the new federal tax law and its implications for plaintiffs and their lawyers. For many types of cases, the lack of tax deductions for legal fees may be catastrophic. Plaintiffs in many types of litigation will feel the full force of paying taxes on their gross recoveries, with no deduction for their legal fees and costs. Topics discussed will include: changes in how taxes on attorney fees are determined, and the elimination of the 'below-the-line deduction' for legal fees; the numerous types of cases impacted by the changes, including insurance bad faith, employment, whistle blower, sexual harassment, intentional emotional distress, and punitive damages; and, the implications of the tax laws on settlement negotiations. Click on the headline to register.
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Texas Tribune Daily Brief
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| The Brief for August 20 |
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In today's Brief: The government may have a way to avoid violating the Flores settlement, Austin's paid sick leave ordinance was temporarily blocked a day after San Antonio passed a similar measure, and former U.S. Rep. Blake Farenthold is back in the news.
Cassi Pollock , Texas Tribune 08/20/2018   
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Texas Tribune
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| Arkansas 'Tort Reform' Supporters Stunned by Church Group's Opposition |
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Backers of a lawsuit-limiting proposal on the ballot in Arkansas this fall expected little trouble winning passage until they ran into a surprising obstacle from a reliable conservative ally. A Christian group (Family Council Action Committee) has begun rallying churches and abortion opponents against the measure, saying that limiting damage awards in lawsuits sets an arbitrary value on human life, conflicts with biblical principles of justice and helping the poor. Proponents of the measure are stunned by the opposition and worried that it could stir dissension among conservatives.
Associated Press, The New York Times 08/20/2018
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The New York Times
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| NYU Professor Sexually Harassed Graduate Student, Lawsuit Says |
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A graduate student at New York University has filed a lawsuit alleging that he was sexually harassed by his doctoral adviser. The lawsuit was filed in New York State Supreme Court on Thursday and alleges that the gay male student was sexually harassed by his lesbian professor. The plaintiff states that during his three years at the university, he was 'subjected to sexual harassment, sexual assault and stalking' by his adviser, 'which devastated him and caused serious damage that he will likely suffer for years to come.' While the lawsuit details 'verbal and written harassment,' an investigation by NYU found 'insufficient evidence' of the assault or stalking claims.
Shane Croucher, Newsweek 08/17/2018
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Newsweek
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| Horrifying Details: Women Accuse U.S. Customs Officers of Invasive Body Searches |
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These alleged invasive searches "should give everyone pause," said Adriana Piùon, staff attorney with the American Civil Liberties Union in Texas. "The touchstone of the Fourth Amendment is reasonableness," she said. The Constitution, she said, protects people from having their bodies searched based "on a whim."
The government has settled some of these cases before they could go to trial, thus avoiding potentially incriminating testimony from CBP officers accused of wrongdoing. Six of the lawsuits resulted in financial settlements costing taxpayers more than $1.2 million. Others are pending. One claim lost in a jury trial.
Susan Ferriss, The Washington Post, Houston Chronicle 08/20/2018
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Houston Chronicle
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| Toyota Ordered to Pay Family $242 Million for Lexus Seat Defect |
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A Texas jury on Friday hit Toyota with a $242 million verdict after finding that defects in the front seats of a 2002 Lexus ES300 caused serious injuries to a Dallas family's two young children during a rear-end collision in 2016. The jury in state court in Dallas awarded $144 million in punitive damages after finding Toyota Motor Corp. and Toyota Motor Sales were grossly negligent in the matter, according to court papers. The jury found that the front seats were unreasonably dangerous and that the company didn't warn of the risk.
Tom Korosec, Bloomberg 08/20/2018
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Bloomberg
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| FDA Expands Recall of Valsartan Drugs Due to Cancer Risks |
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The FDA has expanded the recall of drugs that contain valsartan due to health concerns. Valsartan is used as a component in a set of drugs used to treat heart failure and blood pressure. However, valsartan drugs were recalled after it was discovered they could have been tainted with a substance linked to higher risk of cancer. Included in the recall are drugs that contain valsartan and hydrochlorothisazide.
Jen Christensen, KCCI News Channel 8 08/13/2018
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KCCI News Channel 8
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| Second Lawsuit Filed Against New York Hospital Over Legionnaire's Death |
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New York state's Eastern Niagara Hospital is facing a second wrongful death lawsuit over a Legionnaire's outbreak. The case was filed by the family of a 48-year-old man who died in Buffalo General Medical Center of "Legionella pneumonia" in Sept. 2016. The hospital was found to have Legionella bacteria by the Niagara County Health Department. The family member of the plaintiffs was one of two who died in the outbreak.
Thomas J. Prohaska, Buffalo News 08/14/2018
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Buffalo News
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| Mother Sues Genetics Lab Over Son's Death |
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A South Carolina mother has filed suit against the genetics lab which allegedly misidentified her son's medical condition prior to his death. The young boy died 10 years ago and the plaintiff alleges that the genetics lab, Quest Diagnostics, is responsible because it failed to properly identify the child's medical condition. According to the complaint, the boy died of Dravet syndrome, considered a 'genetic dysfunction of the brain,' but the genetics lab found that the boy suffered from a mitrochondrial disorder. Quest Diagnostics has denied the lawsuit's allegations and stated that testing technology was not advanced enough at the time to detect the boy's condition.
Lauren Sausser, Charleston Post Courier 08/16/2018
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Charleston Post Courier
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