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Texas Trial Lawyers Association


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  February 8, 2013

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The Plaintiff's Resource

Upcoming Online CLE

14
Feb

The Miller Mouse-trap with Phillip Miller

19
Feb

BP Horizon Economic Claims: Understanding Your Client’s Settlement Option

21
Feb

Arbitration

Announcements


 

 

2013 TTLA Pharmaceutical & Medical Device Seminar, April 25-26

TTLA is proud to present its first-ever seminar dedicated solely to Pharmaceutical and Medical Device Litigation. Join highly experienced and successful mass tort lawyers, including many who serve in leadership roles on plaintiff steering committees, as they discuss the hottest topics in this dynamic and ever-changing area of law. TTLA legends and panels of Texas plaintiff attorneys will gather in Houston to discuss and debate a wide-range of mass tort topics, from marketing and pre-litigation to voir dire and trial. So join us in Houston on April 25-26, 2013 to learn from some of the best Pharmaceutical and Medical Device lawyers in the country. Click on the headline to learn more.  

 

Laws/Cases


 

 

Citgo to Settle New Hampshire Gas-Additive Lawsuit

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ExxonMobil Corp. and New Hampshire battled before a judge over whether a jury in a trial alleging the company contaminated state water with a gasoline additive can hear how money in cleanup funds has been spent. A reference in court yesterday about the state’s inability to pay for the cleanup using two funds reopened a debate that started before the trial began on Jan. 14. New Hampshire Superior Court Judge Peter Fauver sent the jury home today so that the two sides could argue the issue before him. Gary Beckett, a state witness who is a hydrogeologist, testified yesterday that cost is a factor in monitoring groundwater contamination by the additive methyl tertiary butyl ether, or MTBE. “There’s not enough money to find everything out about a site,” he said.
Sarah Earle & Don Jeffrey, Bloomberg 02/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg    

 

Suit: Health Club Hired Man Convicted of Sex Abuse

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A lawsuit has been filed against a health club in Chicago, accusing club officials of hiring a convicted molester and failing to take action when alerted of the issue. The man was hired by a Life Time Fitness location in Chicago back in 2001 and he worked there until he was arrested in September 2012 of aggravated criminal sexual abuse. The suit says the man abused a boy he was training and had previously been convicted of a sex crime in the 1980s.
Clifford Ward, Chicago Tribune 02/07/2013   Facebook iconTwitter iconLinkedIn Icon

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IRS Agent Coerced Man into Sex to Avoid Tax Penalty

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An Oregon man has filed a lawsuit against the IRS, claiming one of the agency's tax agents pressured him into having sex with her to avoid being audited. The suit says the agent sent flirtatious texts and provocative pictures to the plaintiff and show up at his home in racy attire. He says he was "sexually harassed and intimidated" into sleeping with the woman to avoid paying a tax penalty.
Gabrielle Levy, United Press International 02/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: United Press International    

 

Products


 

 

Compounding Pharmacies Have Been Linked to Deaths, Illnesses and Safety Failures for Years

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Shoddy practices and unsanitary conditions at three large-scale specialty pharmacies have been tied to deaths and illnesses over the past decade, revealing that the serious safety lapses at a Massachusetts pharmacy linked to last fall’s deadly meningitis outbreak were not an isolated occurrence, records and interviews show. A Washington Post analysis found that state and federal authorities did little to systematically inspect and correct hazards posed by specialty pharmacies, which custom-mix medications for individual patients, hospitals and clinics. In the lightly regulated industry, pharmacies were rarely punished even when their mistakes had lethal consequences.
Kimberly Kindy, Lena H. Sun & Alice Crites, The Washington Post 02/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post    

 

Federal Safety Agency May Expand Pontiac Brake Light Recall

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U.S. safety regulators are looking at expanding a small recall of Pontiac G6 midsize cars so it includes up to 550,000 vehicles. About 8,000 of the cars were recalled by General Motors in 2009 because the brake lights and cruise control didn’t work properly. But the recall affected only cars made in January of 2005. On Friday, the U.S. National Highway Traffic Safety Administration said in documents posted on its website that it’s studying whether all G-6s from the 2005 through 2009 model years should be added to the recall.
Associated Press, The Washington Post 02/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post    

 

Labor/Employment


 

 

Woman Discriminated Against for Being Pregnant

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A former sales associate at an Orange County, Fla., clothing store has filed suit against her former employer, saying she was discriminated against because she was pregnant. In her suit, the plaintiff claims she was told that she was too "emotional" and that her position wasn't "the kind of job for a pregnant person." She was also forced to climb ladders in the store and carry heavy boxes, despite a doctor's note recommending she avoid heavy lifting.
Desiree Stennett, Orlando Sentinel 02/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Orlando Sentinel    

 

Wrongful Death


 

 

Suit Filed over Man's Death from Hernia Surgery

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The family of a Chicago man who died after a hernia surgery has filed suit against Advocate Christ Medical Center and one of its surgeons for their parts in the man's death. In the suit, the family says the surgeon and one of his assistants failed to properly monitor the victim after surgery, and that he developed severe inflammation in his colon, which lead to his death six days after the surgery. The lawsuit is seeking unspecified damages.
Ellen Jean Hirst, Chicago Tribune 02/07/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Filed over Bystanders Injured in Police Chase

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The parents of two teens involved in an auto wreck in Baytown, Texas, last year have filed a lawsuit against the city and the local police department. The teens were at a stop light when a speeding car involved in a police chase ran over a spike strip in the road and smashed into their car, killing one of the teens and severely burning the other. The suit accuses local police and the driver being chased of "recklessly endangering the safety of others." The lawsuit is seeking unspecified damages.
Erin Mulvaney , Houston Chronicle 02/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle