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Texas Trial Lawyers Association


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  December 3, 2013

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Upcoming Online CLE

5
Dec

ETHICS -- Emerging Issues

10
Dec

Preparing a Plaintiff for Trial Testimony

12
Dec

ERISA Subrogation

17
Dec

CMS Jumps Into the Liability Arena: Addressing Medicare Secondary Payer Compliance in Liability Settlements

18
Dec

Broker Busting "B.A.S.I.C.'s"

Announcements


 

 

Annual Meeting & Advanced PI CLE December 5-6, Four Seasons, Austin

Don't miss this chance to attend the best Advanced PI CLE in Texas! TTLA's year-end event has been streamlined and we're now offering a one-day Advanced PI CLE, along with the Annual Membership & Board Meeting, President's Luncheon featuring guest speaker Evan Smith (Editor-in-Chief and CEO of the Texas Tribune), and a spectacular Holiday Party with dinner and dancing to the truly Texan sound of Joe Ely. Click on the headline to learn more & register.  

 

Laws/Cases


 

 

Allocating Liability for Child Pornography, in Full or Fractional Shares

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The notices arrive almost every day. They tell a young woman named Amy, as she is called in court papers, that someone has been charged with possessing child pornography. She was the child. Next month, the Supreme Court will consider what the men who took pleasure from viewing Amy’s abuse must pay her. Images of Amy being sexually assaulted by her uncle are among the most widely viewed child pornography in the world. Amy’s losses are in most ways beyond measure, but some of them can be calculated in dollars. Her lawyers say it adds up to about $3.4 million. The question for the justices is how to allocate that sum among the participants in the sordid marketplace for pictures of her.
ADAM LIPTAK, The New York Times 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

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Vietnam Vet Wins $12 Million Malpractice Settlement From VA Hospital

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A Chicago-area Vietnam veteran will get a $12 million medical malpractice settlement from the federal government. John Johnson was a Vietnam Veteran and heart patient. He went in for oral surgery at the Hines V.A. Hospital in 2007, went into cardiac arrest and suffered brain damage as a result.
CBS Chicago, CBSNews.com 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: CBSNews.com    

 

Former Gym Teacher Faces Sexual Assault Lawsuit

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A lawsuit alleging the sexual assault of an 8-year-old boy has been filed in Bridgeport Superior Court of Connecticut. The lawsuit accuses a former Stamford public school gym teacher of sexually abusing the plaintiff in the 1970s. The plaintiff, who is now 44 years old, alleges that he was sexually molested and fondled by the defendant, causing him to suffer emotional trauma and distress. The lawsuit seeks an unspecified amount of monetary damages.
Daniel Tepfer, The Connecticut Post 12/02/2013   Facebook iconTwitter iconLinkedIn Icon

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Catholic Bishops Face Lawsuit over Abortion Policies

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The American Civil Liberties Union has filed a lawsuit against the nation's Roman Catholic bishops alleging "their anti-abortion directives to Catholic hospitals hamper proper care of pregnant women in medical distress, leading to medical negligence." The suit was filed in Michigan on Friday on behalf of a woman who claims she did not receive adequate information or care, leading to dangerous infections after her water broke at 18 weeks of pregnancy. According to the lawsuit, doctors at the hospital did not inform the woman that the fetus had virtually no chance of surviving and that her pregnancy posed a severe risk of infection. The ACLU claims they filed the lawsuit to prevent further incidents of Catholic hospital abortion policies getting in the way of medical care.
Erik Eckholm, The New York Times 12/02/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

1 of 3 Defendants Dismissed in Missing Student Case

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A U.S. district judge has dismissed the lawsuit against one of three men who accompanied an Indiana University student the night she disappeared. The lawsuit, which was filed by the parents of the girl who disappeared in June 2011, alleges that the men were responsible for "duty of care" on the night the girl, who was severely intoxicated, went missing. The judge dropped the negligence lawsuit against one of the men because he dropped her off at a friend's apartment and never supplied her with alcohol.
Jill Disis, USA Today 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

Pattison Sand Scrutinized for Safety

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As companies flock to the booming business of mining sand for fracking, regulators are growing increasingly concerned about worker safety. A company called Pattison Sand Co. has received more scrutiny than most.The federal Mine Safety and Health Administration has written up the company more than any other sand or gravel mine in the U.S., with 775 orders and citations, according to a Wall Street Journal analysis of data that goes back to 2000. Its closest competitor had 435.
Kristin Jones and Tom McGinty, Wall Street Journal - $$ Subscription Required 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Healthcare


 

 

As Hospital Prices Soar, a Single Stitch Tops $500

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In a medical system notorious for opaque finances and inflated bills, nothing is more convoluted than hospital pricing, economists say. Hospital charges represent about a third of the $2.7 trillion annual United States health care bill, the biggest single segment, according to government statistics, and are the largest driver of medical inflation, a new study in The Journal of the American Medical Association found.
ELISABETH ROSENTHAL, The New York Times 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

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Studies/Reports


 

 

Briefing Book: Medical Malpractice By the Numbers

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All the latest statistics about medical malpractice litigation, cost, access to doctors, insurance, and patient safety.
Center for Justice & Democracy, Center for Justice & Democracy 12/03/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Center for Justice & Democracy    


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