Texas Trial Lawyers Association

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December 9, 2013

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The Plaintiff's Resource

Upcoming Online CLE


Preparing a Plaintiff for Trial Testimony


ERISA Subrogation


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


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


NYPD Cop Files Suit Over Injury in Train Derailment

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A New York City police officer has filed a lawsuit after being injured in last week's derailment of a Metro-North train near the Bronx. The officer was one of 75 people injured in the incident. His lawsuit claims that the MTA was negligent in that it did not fix the curve of the tracks where the train derailed and that it allowed the "engineer to operate the train without ensuring that he had adequate sleep." Four people died in the accident and another 75 were injured.
Dareh Gregorian, Barry Paddock, Corky Siemaszko, New York Daily News 12/05/2013 Facebook iconTwitter iconLinkedIn Icon

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Genetic Testing Company Faces $5M Lawsuit

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Less than a week after its products were recalled by the FDA, genetic testing company 23andMe is facing a $5 million lawsuit filed by a California resident. The suit alleges that the company's genetic testing kits are "meaningless, unsupported by scientific evidence and falsely advertised to consumers." The company, which is backed by Google, marketed its genetic testing kits in which consumers would send off saliva samples for genetic tests that would indicate propensity for different diseases and conditions.
Lydia O'Connor, The Huffington Post 12/05/2013 Facebook iconTwitter iconLinkedIn Icon

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Caseworker Sued Over Teen's Forced Strip-Search

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The family of a 15-year-old girl who was forcibly strip-searched by a caseworker has filed a lawsuit. The caseworker was investigating potential child abuse when she asked the girl to take off her clothes. When the girl refused, the caseworker allegedly called the police so that the girl would comply. The case worker then took a picture of the girl's naked buttocks to be used as evidence. In the lawsuit, the family asks for an explanation of whether or not "Colorado statute permits caseworkers to strip search children without consent."
Staff Report, Colorado Springs Gazette 12/05/2013 Facebook iconTwitter iconLinkedIn Icon

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Lawsuit: WV Bus Driver Failed to Report Assault

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A West Virginia girl who was sexually assaulted while riding a Kanawha County school bus has filed a lawsuit against the bus driver and others. The girl was sexually assaulted by three boys while riding the bus. The lawsuit alleges that the bus driver failed to report the incident and names the bus driver, the county board of education, its insurance provider and one of the boys who assaulted the girl as defendants. The assaults were recorded by cameras on the bus and brought forward by another bus driver.
Kate White, The Charleston Gazette 12/08/2013 Facebook iconTwitter iconLinkedIn Icon

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Wal-Mart to Contribute $25M to Settle Gas Can Explosion Lawsuits

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Wal-Mart has agreed to contribute about $25 million to settle unresolved lawsuits filed on behalf of consumers allegedly injured or killed in explosions involving portable plastic gas cans, according to court documents obtained by NBC News. The money from Wal-Mart amounts to slightly more than 15 percent of a proposed $161 million fund that would settle dozens of lawsuits against the largest manufacturer of these cans, Blitz USA, records from U.S. Bankruptcy Court in Delaware show. A hearing on the proposed settlement is set for early next year.
Lisa Myers and Rich Gardella, NBC News, NBC 5 - DFW 12/09/2013 Facebook iconTwitter iconLinkedIn Icon

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Survivors of Fiery Crash File Lawsuit Against Toyota

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The surviving family members of a car crash near Durango, Colorado have filed a lawsuit against Toyota, the maker of the family's FJ Cruiser which burst into flames during a 2011 accident. The father and one son were killed in the head-on collision, while the mother and another son suffered burns over 60 and 70 percent of their bodies. The lawsuit alleges that Toyota poorly designed the impact-management system, which contributed to the death of the two family members.
Shane Benjamin, The Durango Herald 12/07/2013 Facebook iconTwitter iconLinkedIn Icon

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Settlement Reached in Greyhound Bus Lawsuit

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A settlement has been reached between Greyhound Bus Lines, Inc. and a woman who filed a lawsuit against them over a 2008 accident in south Mississippi. The lawsuit alleged that the woman was permanently injured when the Greyhound bus she was riding in was hit from behind. The plaintiff's brother, who was also a passenger of the bus, filed a similar lawsuit which ruled in the bus company's favor. The details of the settlement have not been released.
Wire Report, The Jackson Clarion-Ledger 12/09/2013 Facebook iconTwitter iconLinkedIn Icon

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Gary Wicker: When is A Vehicle Considered a Total Loss?

When and whether a vehicle involved in a collision is considered to be "totaled" for first-party insurance purposes is an issue of great angst and confusion for most consumers. Even insurance professionals can get turned around navigating the maze of rules and regulations regarding the act of “totaling†a vehicle under a policy. But it needn't be all that complicated.
Gary Wicker, Claims Journal 12/09/2013 Facebook iconTwitter iconLinkedIn icon

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Wrongful Death

Wrongful Death Suit Over Disney World Death

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The family of a Florida woman, who died from fatal leg injuries sustained as she attempted to board a ride at Disney World's Magic Kingdom while holding her 3-year-old son, has filed a wrongful death lawsuit. The lawsuit alleges that if the employees would have helped her onto the ride, the woman would not have broken her leg. The woman had to undergo surgeries for her leg injury and died of a blood clot in her leg shortly after. The lawsuit seeks damages for medical and funeral expenses, loss of financial earnings and payment for mental pain and suffering.
Desiree Stennett, Orlando Sentinel 12/05/2013 Facebook iconTwitter iconLinkedIn Icon

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VA Hospital Sued over Legionnaires' Outbreak

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A wrongful death lawsuit has been filed against the federal government by the family of a veteran who died as a result of a 2011 and 2012 Legionnaires’ outbreak at a Pittsburgh veterans hospital. The family's lawsuit alleges that the hospital's negligence led to the veteran's death and three weeks of pain and suffering. The outbreak originated at the Veterans’ Affairs Pittsburgh Healthcare System and affected 22 veterans, leading to at least 6 of their deaths.
Sean D. Hamill, Pittsburgh Post-Gazette 12/06/2013 Facebook iconTwitter iconLinkedIn Icon

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