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Texas Trial Lawyers Association


This service sponsored by Trialsmith

  December 23, 2014

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Upcoming Online CLE

13
Jan

Mass Action Options for Class Action Lawyers

15
Jan

Handling Your Client’s Social Security Disability Claim

20
Jan

Preparing to Cross-Examine the Defense Collision Reconstructionist

22
Jan

Medical Device Mass Tort Update: Inferior Vena Cava (IVC) Filters

Announcements


 

 

EClips Takes a Vacation

TTLA EClips is taking a holiday and the daily service will resume on Monday, January 5, 2015. Happy Holidays! Be safe!  

 

Texas Tribune Daily Brief


 

 

The Brief for Dec 23

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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Tribune    

 

Issues


 

 

Court Makes Vaccine Victims Wait Years

 

A system Congress established to speed help to Americans harmed by vaccines has instead heaped additional suffering on thousands of families, The Associated Press has found. The premise was simple: quickly and generously pay for medical care in the rare cases when a shot to prevent a sickness such as flu or measles instead is the likely cause of serious health complications. But the system is not working as intended. The AP read hundreds of decisions, conducted more than 100 interviews, and analyzed a database of more than 14,500 cases filed in a special vaccine court. That database was current as of January 2013; the government has refused to release an updated version since.
MITCH WEISS, JUSTIN PRITCHARD and TROY THIBODEAUX, Associated Press, San Francisco Chronicle  12/23/2014  Facebook iconTwitter iconLinkedIn icon

Read Article: San Francisco Chronicle    

 

Laws/Cases


 

 

Ruling Opens Door for Med Mal Lawsuits Over Health Care on Cruise Ships

 

For more than 100 years, people couldn't win medical malpractice lawsuits against cruise lines because of exemptions created through a series of court decisions. The most recent is a 1988 ruling known as "Barbetta" that cruise companies such as Royal Caribbean and Carnival regularly relied upon to get malpractice lawsuits thrown out before trial. Courts said passengers should not expect the same level of medical care on a ship as on land, and ships' doctors and nurses were private contractors beyond the cruise lines' direct control. Now, a federal appeals court considering the Vaglio case has ruled the exemption should no longer apply. A three-judge panel of the 11th U.S. Circuit Court of Appeals — which has jurisdiction over the major Florida-based cruise lines — recently decided Barbetta is outdated law.
CURT ANDERSON , Associated Press , Star Tribune-South Metro  12/23/2014  Facebook iconTwitter iconLinkedIn icon

Read Article: Star Tribune-South Metro    

 

Products


 

 

Keurig Recalls 7 Million Brewers After Burn Reports

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Keurig Green Mountain Inc. on Tuesday recalled more than 7 million of its single-serve brewing machines (Mini Plus Brewing Systems) after finding that water can overheat and spray out at users. The company said it has received 90 burn-related injury reports and about 200 reports of hot liquid escaping from the brewer overall.
CHELSEY DULANEY, Wall Street Journal - $$ Subscription Required 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

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

 

Chrysler Says Not All Jeeps in Recall Will Be Repaired

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Chrysler has told federal safety regulators that it would not help thousands of consumers whose recalled Jeeps were too rusty to be fixed for a fire hazard, even though regulators have said that the failure to do so would be a “great concern.” Chrysler informed the National Highway Traffic Safety Administration this month that it would repair only structurally sound vehicles and that it would not pay for repairs to vehicles that were too rusty or had collision damage in the rear, a Chrysler spokesman, Eric Mayne, wrote in an email on Sunday. The refusal sets up another confrontation between the automaker and federal regulators in what has already been a contentious issue
CHRISTOPHER JENSEN, The New York Times 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

BMW Joins in Expansion of Takata Airbag Recalls

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On Monday BMW became the latest automaker to cede to pressure from federal regulators to expand nationwide a recall of airbags made by the Takata Corporation that may be at risk of rupturing. The German automaker said in a statement that it would replace driver-side airbags in approximately 140,000 BMW 3 Series vehicles in the United States, produced between January 2004 and August 2006.
HIROKO TABUCHI, The New York Times 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Labor/Employment


 

 

Lawsuits Over Pay Soaring

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Wage-and-hour lawsuits filed in Texas by workers and federal regulators have more than tripled over the past decade. Texas workers have sued 922 times so far this year, up from 632 times in 2012 and 280 in 2004, according to research by Androvett Legal Media of U.S. District Court cases filed in the state’s four regions. Last year saw the most cases ever filed in Texas: 1,128.
KERRY CURRY and MARK CURRIDEN, Texas LawBook, The Dallas Morning News 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    

 

Class Action


 

 

Wells Fargo Ordered to Pay $54M in Class-Action Suit

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Wells Fargo & Co. has been ordered by a federal jury to pay $54.8 million in a class-action lawsuit which alleged that the bank charged excessive fees. A Manhattan federal jury ruled against Wells Fargo on Friday in the class-action lawsuit which alleged that late fees charged by now-defunct mortgage firms The Money Store and HomEq were improper and unlawful. HomEq was owned by Wachovia, which was acquired by Wells Fargo in 2008. A spokesman for Wells Fargo says that they will seek a review of a portion of the verdict.
Staff Report, Denver Post 12/23/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Denver Post    


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