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February 1, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Counsel Financial

Upcoming Online CLE
3
Feb
Codes, Crackdowns, & Compliance: Coping with the ICD-10 transition and other evolutions in lien resolution and MSP compliance.
4
Feb
WHISTLEBLOWERS: An Overview of Federal Whistleblower Protections
5
Feb
Understanding Electronic Medical Records
17
Feb
Improve the Probability of Success in Law Firms - Marketing Efficiently, Cost-Effectively and Ethically
23
Feb
ERISA Long Term Disability (LTD) Overpayment Claims in the Wake of Montanile
24
Feb
Future Medicals in 2016 & the MSP Statute: When does a defendant's prepayment lead to a beneficiary's deductible?
25
Feb
Your Career on Contingency: How to Avoid Grievances in a Plaintiffs Practice
Announcements

Trial Skills Seminar in New Orleans!
Kick off 2016 with a trip to New Orleans for camaraderie, networking and the Trial Skills Seminar! February 11-12 at the Bourbon Orleans Hotel in the French Quarter. The Seminar runs from 1PM Thurs through 4PM Fri. An outstanding Seminar program presented by speakers Russ Herman, Mike Gallagher, Richard Mithoff, Kevin Glasheen, Andy Vickery, Jim Mitchell, Andy Payne, and many more. Click on the headline to register.

TTLA PAC: Light a Match Today!
The TTLA PAC is excited to announce a major match challenge! This is a tremendous opportunity, but it will only happen if each of us join in the Light a Match campaign. With the March 1 primary elections less than two months away, we need you to strike the first match right now in order that our political support gets to key races as soon as possible. Click on the headline to learn more.

Texas Tribune Daily Brief

The Brief for Feb 1
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Jacob Sanchez and John Reynolds, Texas Tribune 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

S.C. Family Files Suit Over Man's Death by Defective Takata Airbag
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The family of a man from Kershaw, South Carolina has filed a lawsuit alleging that the man's death was caused by a defective airbag. According to the lawsuit, the man was killed when the airbag in his 2006 Ford Ranger violently erupted as his vehicle struck a cow sending shrapnel through his neck and spine. The complaint has been filed against Ford Motor Company and Tokyo-based Takata Corp., which has been involved in a number of lawsuits over its defective airbags. The lawsuit accuses the defendants "of cutting corners by producing, purchasing and installing airbags they knew were defective and dangerous." The lawsuit has prompted a recall of 391,000 Ford Rangers made from 2004 through 2006.
Teddy Kulmala, Herald Online 01/28/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Herald Online

Fla. Man Files Suit After E-Cig Explodes in Mouth
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A man from Naples, Florida has filed a lawsuit over an incident in which his e-cigarette exploded in his mouth. The lawsuit was filed in Miami-Dade county and alleges that e-cigarettes were marketed as a safe alternative to regular cigarettes. According to the lawsuit, the e-cigarette exploded "into flames in his face, causing him to inhale flames, smoke, and scorching hot air." The plaintiff was briefly placed in a medically-induced coma due to the swelling of his esophagus and lungs. He continues to suffer from his injuries and requires constant care, according to the complaint.
David Ovalle, Miami Herald 01/28/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Miami Herald

University of California Admits Liability in Player's Death
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The University of California has acknowledged that its negligence led to the death of one of its football players two years ago. The 21-year-old defensive lineman from Bakersfield, California died after a strenuous workout. Following his death, the family filed a lawsuit alleging that the university was negligent in the player's death. According to the lawsuit, the player had a sickle cell trait and should not have been participating in the drill in which the team sprinted up and down a hill while holding a rope together. The lawsuit contends that the trainers and coach, who were previously involved in the similar death of another player, did not assist the player when he was struggling during the workout.
Staff Report, Fox News 01/31/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Fox News

Lawsuit Says Power Cutoff was Fatal to Liberty County Man
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In a suit filed last month in Liberty County state district court, the family of 70-year-old Lester Berry, who had congestive heart failure and chronic pulmonary disease requiring constant oxygen, accuse the Livingston-based utility, Sam Houston Electric Cooperative, of wrongful death and gross negligence. The power company cut off Berry's electricity after he fell a month behind on his bill, owing $129.62, the lawsuit alleges. He was not able to power his oxygen concentrator, which led to his agonizing death by suffocation, the court filing claims.
L.M. Sixel, Houston Chronicle 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Ashley Madison Lawsuit will be Handled in St. Louis
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Lawsuits filed across the country against Avid Life Media LLC, owner of AshleyMadison.com, are being consolidated in U.S. District Court in St. Louis. Two dozen lawyers representing Avid and current or former clients met this week with District Judge John Ross. More listened in by phone as Ross scheduled a series of motions and told the attorneys he soon will pick leaders among them to streamline handling of the case.
Robert Patrick, St. Louis Post Dispatch 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: St. Louis Post Dispatch


Products

2016 Lexus Models Now Included in Takata Recall
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A recall has been issued on the Lexus RX 350 and RX 450h 2016 models in connection with an airbag issue. The cars contain Takata airbags that are the center of a scandal dating back to November 2014. So far, the issue has led to the recall of about 30 million vehicles in the U.S. There have been 10 automakers involved in the major airbag recalled. Takata revealed this week that there has been an eleventh death in connection with the airbag recall.
Staff Report, International Business Times 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: International Business Times

Takata's Faulty Airbags Still Exact Toll as Recalls Lag
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More than a decade after the first confirmed rupture of a Takata airbag in Alabama, and despite a vast recall spanning 14 automakers, a stark reality remains: Tens of millions of people drive vehicles that may pose a lethal danger but have not been repaired or, and in some cases, have not even been recalled.
HIROKO TABUCHI and DANIELLE IVORY, The New York Times 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Study Finds Growing Reason to Be Wary of Some Reflux Drugs
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Since their introduction in 1990, the drugs collectively known as proton pump inhibitors (common brand names: Nexium, Prevacid, Prilosec) have become among the most frequently prescribed in the country, they are also available over the counter. They suppress stomach acid more effectively than a previous class of drugs called H2 blockers (Zantac, Tagamet, Pepcid). They have also given users reason to be wary. In recent years, scores of studies have reported associations between prescription P.P.I. use and an array of health problems, including bone fractures, low magnesium levels, kidney injuries and possibly cardiovascular drug interactions. The latest findings, published last month in JAMA Internal Medicine, point to increased risk of chronic kidney disease among users.
Paula Span, The Washington Post 02/01/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post



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