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August 23, 2018

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Upcoming Online CLE
30
Aug
Jury Selection with Decision Data
5
Sep
Social Media, Electronic Discovery, & the HITECH Act
6
Sep
Rules of The Road ' A Lawyer's Guide to Proving Liability - Exposing and Defeating the Defense's Malingering Myth
13
Sep
Expert Investigations Using Plaintiff Only Databases
Announcements

Registration is open for TTLA's 2018 Annual Meeting & CLE Seminar!
TTLA Annual Meeting & CLE Seminar, Dec 5-7 at the Renaissance Dallas at Plano Legacy West Hotel. Click on the headline to learn more & register.

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.

Texas Tribune Daily Brief

The Brief for August 23
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In today's Brief: Many down-ballot Texas Democrats are trying to use Beto O'Rourke's popularity to their advantage, and Harris County voters are set to vote on a historic flood control bond on the first anniversary of Hurricane Harvey.
Cassi Pollock , Texas Tribune 08/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Editorials/Columns/Letters

Wilonsky: Dallas will pay $615K to Man Beaten by Officers
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The Dallas City Council voted Wednesday to settle a police-brutality lawsuit. The suit alleged that in the summer of 2014, two cops beat a handcuffed Jon McDonald so badly he spent days in the hospital. The case was settled for $615,000.
Robert Wilonsky, The Dallas Morning News 08/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News


Issues

Investigation: Did Nursing Homes do Enough to Save Patients when Hurricane Harvey Hit?
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Port Arthur nursing homes, Cypress Glen and Lake Arthur Place, are once again under investigation by the state after they refused to evacuate during Hurricane Harvey and left frail residents wallowing in stinking, murky floodwaters. The state said it had initially closed its investigation in April when officials couldn't reach staff members at the Port Arthur nursing homes because they haven't reopened since the storm. But the Texas Health & Human Services Commission took a renewed interest in the facilities, owned by a Dallas company, after inquiries from The Dallas Morning News.
Jennifer Emily & Dana Branham, The Dallas Morning News 08/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News


Laws/Cases

Ride Injury Lawsuit Against SeaWorld Reaches Settlement
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Court records show that a lawsuit against SeaWorld filed by a woman who alleges she was injured on a ride at the Orlando park has reached a settlement. The plaintiff alleged she was injured on the park's Wild Arctic helicopter simulator ride. As the lawsuit stated, days after riding the simulator, the plaintiff was diagnosed with a concussion, head trauma and a condition of blood outside the brain that's often caused by severe head injuries. The details of the settlement have remained confidential.
Gabrielle Russon, Orlando Sentinel 08/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Orlando Sentinel

Missouri Judge Affirms $4.69B J&J Talc Verdict
Judge Rex Burlison of the Circuit Court of the City of St. Louis affirmed the jury's July 12 decision in favor of the women, six of whom have died. The jury found the company's talc-based products had caused the women's cancer, awarding $550 million in compensatory damages and $4.14 billion in punitive damages to all plaintiffs. J&J in a statement on Wednesday said it would continue to pursue all available appellate remedies.
Tina Bellon, Reuters 08/23/2018 Facebook iconTwitter iconLinkedIn icon
Read Article: Reuters

Uber Will Pay $1.9M to Settle Harassment Class Action
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The San Francisco-based company announced Wednesday that it will pay $1.9 million, or about $34,000 per person, to 56 former and current employees who say they were harassed or discriminated against while working at the ride-hailing company. That settlement is part of a $10 million overall settlement announced in March as part of a class-action discrimination suit against Uber. That suit, filed in October 2017, involves claims from 487 female and minority engineers going back to 2013.
Mike Snider, USA Today 08/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Products

32 Children's Medicines Recalled for Microbial Contamination
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King Bio is voluntarily recalling 32 children's medicines due to microbial contamination, the company said in a release Wednesday. The company said use of the medicines could result in life-threatening infections to some people.
Travis Pittman, TEGNA, USA Today 08/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Wrongful Death

Bus Company Blamed for Death of New Father
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A wrongful death lawsuit has been filed against the bus company accused of causing the death of a South Dakota man. The lawsuit was filed by the widow of the man who died just two days after his son was born. The father was returning from delivering milk on the night of Dec. 21, 2017 when he struck the broken-down bus, which did not have lights on due to a failed electrical system. The lawsuit names as defendant Cavallo Bus Lines, which is accused of negligence in the crash for failing to adequately inspect and maintain the electric system.
Jonathan Ellis, Sioux Falls Argus Leader 08/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Sioux Falls Argus Leader

Oregon Appeals Court Revives Exploding Tire Lawsuit
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The Oregon Court of Appeals has ruled that a wrongful death lawsuit involving an exploding tire should move forward. The appeals court has ruled that Multnomah County Circuit Court judge erroneously dismissed the case. The lawsuit was filed against Les Schwab Tire Centers of Oregon Inc. and Toyo Tire Holdings of Americas Inc. by the husband of a woman who died of injuries sustained when a tire exploded inside their car. The lower court previously ruled that the plaintiff had failed to meet the three-year statute of limitations to file suit in her death. However, the case was dismissed due to a faulty interpretation of the federal law that defines the statute of limitations in such cases, the Court of Appeals ruled.
Margaret Haberman, The Oregonian 08/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Oregonian



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