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Texas Trial Lawyers Association


This service sponsored exclusively by The James Street Group

  February 12, 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

5
Mar

Settling Medicare Claims After The SMART Act of 2011: Progress Or Platitudes?

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


 

 

Man's Arm Crushed in Machine, Awarded $1 Million

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A California man has been awarded $1 million to settle a lawsuit with three companies after his arm was badly injured in a watermelon processing machine. The plaintiff was attempting to free a watermelon that had become stuck when his arm was crushed by the machine. The man has gone through multiple surgeries to repair his arm, but he will likely never be able to do manual labor again.
John Ellis, The Fresno Bee 02/03/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Fresno Bee    

 

Wyoming Juvenile Center Settles Two Lawsuits

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Two lawsuits filed by former inmates over harsh conditions in a Wyoming juvenile detention center have been settled. In the suits, the plaintiffs accused center operators of "subjecting them to unsafe conditions" including mixing violent juveniles with low-risk youth. In one instance, both plaintiffs said detention officials forced them to clean up blood from another child who tried to kill himself.
Joshua Wolfson, Casper Star Tribune 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

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Jury Finds for Port St. Lucie Man in Case Against Wal-Mart

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A Port St. Lucie man was awarded nearly $1.3 million Wednesday by a circuit court jury in St. Lucie County in an unusual slip-and-fall case against Wal-Mart. Carrying a bottle of water, Tom Papakalodoukas, 41, was shopping at the Wal-Mart when he stepped on a Gatorade sign that had fallen from a display. Papakalodoukas fell violently, tearing the biceps tendon in his dominant right arm. Papakalodoukas, who has accrued more than $200,000 in medical bills, had three major surgeries in two years. Store surveillance cameras caught the Gatorade sign falling and then, minutes later, Papakalodoukas slipping on it. Wal-Mart employees discarded the display sign. Wal-Mart then claimed the display had been properly assembled and maintained, blaming Gatorade for providing plastic screws that could easily break to attach the sign to the display.
Paul Ivice, Palm Beach Post 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Palm Beach Post    

 

Justice Dept Sues Houston Co Over Oil Discharged into Gulf

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The Justice Department is suing a Houston-based company it accuses of illegally discharging oil from a platform in the Gulf of Mexico. The lawsuit filed Monday in New Orleans against ATP Oil & Gas Corp. says the company’s alleged federal Clean Water Act violations were discovered during an Interior Department inspection last year. The lawsuit claims ATP failed to properly operate and maintain the wastewater treatment system on its floating platform. That caused oil to be discharged into the Gulf in greater quantities than it was permitted. Platform workers also are accused of using an unauthorized dispersant to mask the oil sheen on the water’s surface.
Associated Press, The Washington Post 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post    

 

Issues


 

 

Study: 1 in 4 Suffer Credit Report Errors

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One in four consumers found an error in a credit report issued by a major agency, according to a government study released Monday. The Federal Trade Commission study also said that 5 percent of the consumers identified errors in their reports that could lead to them paying more for mortgages, auto loans or other financial products. The study looked at reports for 1,001 consumers issued by the three major agencies — Equifax, Experian and TransUnion. The FTC hired researchers to help consumers identify potential errors.
Associated Press, San Antonio Express News 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Antonio Express News    

 

Labor/Employment


 

 

African Woman Files Discrimination Suit Against School

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A former teacher in the Gilbert Public School District in Arizona has filed suit against the district over alleged racial discrimination. In her suit, the plaintiff, who is from Cameroon, said she began to receive negative and racial charged reviews in 2008 after the political climate in Arizona "heated up over immigration." She said she was treated differently by parents, other teachers and administrators because of her skin color and accent.
Luci Scott, Arizona Republic 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Arizona Republic    

 

Wrongful Death


 

 

Drowning Lawsuit in Alameda, Calif., Tossed Out

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A judge in California has dismissed a lawsuit against the city of Alameda over the drowning death of a local man at a beach on Memorial Day. The lawsuit had accused city firefighters of failing to properly act and attempt to save the man who had waded out into the neck-deep 54-degree water. The judge, however, ruled that the lawsuit failed to show that rescue personnel "assumed any duty of care to [the victim] or undertook any affirmative acts that increased the risk of harm to him."
Henry K. Lee, San Francisco Chronicle 02/12/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle