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Texas Trial Lawyers Association


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December 30, 2013

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eFiling Mandate Deadline

In December 2012, the Texas Supreme Court mandated e-filing in civil matters. The first group of counties (Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Hidalgo and Fort Bend), the Supreme Court, the Court of Criminal Appeals and the 14 Courts of Appeal become mandatory January 1, 2014. This means that attorneys will no longer be able to file paper documents at the clerk's counter. E-filing in all other counties will become mandatory on a graduated schedule through July 1, 2016. Click on the headline to learn more.

Laws/Cases


Man Falsely Identified as Sex Offender Files Lawsuit

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A legally blind Florida man who was mistakenly identified as a sex offender on his driver's license has filed a lawsuit against the Duval County Tax Collector's Office. The plaintiff was given a new driver's license by the DMV after moving to Florida, but did not notice until five months later that a number on the license identified him as a sex offender. The lawsuit alleges two counts of defamation and seeks at least $15,000 in damages. The Duval County Tax Collector's Office says they have worked hard to prevent further mistakes and use the plaintiff's story as a training example.
Andrew Pantazi, Florida Times Union 12/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Florida Times Union

Suit: Police Failed to Act After Violations of Protective Order

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The family of an Arizona woman who was killed by her boyfriend, whom she had a protective order against, has filed a lawsuit against the Tucson Police Department. The lawsuit alleges the police department's negligence led to the woman's death and that if the department had not waited to act on reports of protective order violations, the woman would not have died. In December 2012, the boyfriend shot the woman multiple times, killing her, then went to her parents' house and told them he had killed her daughter. The man then returned to his own home and shot himself. The suit claims the incident could have been avoided had police taken action after several violent violations of the protective order.
Daren DaRonco, Arizona Daily Star 12/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Arizona Daily Star

Lawsuit Alleges Fruit Processor Contaminated Water

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A federal judge had decided that several claims against a Michigan fruit processor can go forward. The lawsuit filed against the company by several Michigan families alleges the groundwater surrounding the plant was contaminated due to the use of wastewater to irrigate the fields. The groundwater now contains high levels of iron, sodium and arsenic. The defendant hoped the key claims would be dismissed, but a judge says several of the claims, including lost property use and value, will remain.
Wire Report, Detroit Free Press 12/27/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Detroit Free Press

CA Group Files Lawsuit Over "Noxious" Animal Odors

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A group of restaurant and hotel owners in San Diego, California have filed a lawsuit over "foul, noxious and sickening odors" that have kept patrons from multiple establishments near the odorous cliffs. The group of plaintiffs, called the Citizens for Odor Nuisance Abatement, is seeking to have the city get rid of the odor caused by birds and sea lions defecating on the cliffs. The lawsuit seeks to overturn the city's previous decision to put up a fence around the cliffs, keeping people from scaring the animals away. The plaintiffs say the strong odor has caused a significant amount of lost revenue.
Tony Perry, LA Times 12/28/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times

Woman Receives $80K Settlement in Injury Lawsuit

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A settlement has been reached in a lawsuit filed by a woman who was injured when she fell into a hole. The woman was leaving a football game in Lubbock, Texas when she walked into a hole that was left after city workers removed a utility pole. The woman suffered injuries to her left knee and foot when she fell into the 4 to 5 foot hole. The lawsuit alleged that the city neglected to fill in the hole and failed to warn pedestrians of the hazard. The city has agreed to pay the woman $80,000 to settle the lawsuit.
Walt Nett, Amarillo Globe-News 12/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Amarillo Globe-News

Same-Sex Benefits Lawsuit Moved to Federal Court

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A lawsuit challenging same-sex benefits has been moved from a Republican judge's court in Houston, Texas to U.S. District Court after the judge halted same-sex benefits without giving the city proper notice. A city attorney filed the "Notice of Removal," saying the case belonged in U.S. District Court because it deals with the guarantees of equal protection and due process under the U.S. Constitution, among other federal questions. The lawsuit challenging same-sex benefits alleges that the benefits violate the city's charter and the state's ban on same-sex marriage.
Charles Kuffner, Houston Chronicle 12/30/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle


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