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February 20, 2018

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Announcements

#GrowTheFamily: Statewide Membership Drives Feb 20
Statewide Membership Drives, Tuesday, February 20th in Austin, Dallas, Houston & San Antonio, 8:30 am - 4:00 pm. Let's Fill Every Corner of Texas with TTLA Members! Click on the headline to RSVP!

TTLA STATEWIDE PAC DRIVES (Feb 21): All IN TO WIN
In order to WIN in 2018, we need EVERY TTLA member to support the TTLA PAC. So, we are holding “ALL IN TO WIN” PAC Fundraising Statewide Drives. We’ll be calling every TTLA member to ask them to contribute at least $7 a month to the PAC. Please join us to get every TTLA member engaged in our political efforts. Volunteers are the key to our success, and all you have to do is choose a day, RSVP and then SHOW UP. We will give you all the tools you need to be successful. Click on the headline to RSVP!

Registration is Now Open for TTLA Car Wrecks CLE - Houston
March 8, 2018, South Texas College of Law, 1303 San Jacinto St., Houston. Click on the headline to learn more and register.

Issues

Bank Loans Signed in the Hospital Leave Patients Vulnerable
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Hospitals are increasingly offering “patient-financing” strategies, cooperating with banks and other financial institutions to provide on-the-spot loans to make sure patients pay their bills.But health experts say promoting bank loans at hospitals and, particularly, in their emergency departments, raises concerns. For one thing, the cost estimates provided are likely based on a hospital’s list price and may be far higher than the negotiated rate ultimately paid by most insurers. Patients may feel they have no choice but to sign up since they need treatment ’=80=94 and the quick loan process means they may well be signing on for expenses they cannot afford to pay.
Shefali Luthra, Kaiser Health News, The Washington Post02/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post


Laws/Cases

‘Decades of Monstrous Sexual Abuse’ by Psychiatrist at Kamehameha School
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Kamehameha School in Honolulu is one of a kind. Situated on a sprawling 600-acre campus on choice Oahu land, its massive multibillion-dollar endowment supports a first-rate K-12 education for some 3,000 children of Hawaiian ancestry. It also harbored a sordid secret for years: The school was covering up what a lawsuit brought by 32 of those former students described as “decades of monstrous sexual abuse” perpetrated largely against male boarders who were entirely in the care of Kamehameha. For 27 years, from 1958 to 1985, under the guise of providing these children with behavioral and psychological therapy, the school forced them, sometimes under threat of expulsion, to see psychiatrist Robert Browne. He drugged them, raped them and tormented them psychologically at weekend “sleepovers” in his home, the lawsuit says.
Fred Barbash, The Washington Post02/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

Family of Woman Killed by Police May Not See Full $37M Award
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The family of a Maryland woman who was fatally shot by police two years ago may never receive the entire $37 million it was awarded in a lawsuit this week. Maryland has a cap on local governments' liabilities in such cases, and judges have a tendency to lower large awards on appeal, The Baltimore Sun reported . Legal experts told the newspaper that it's unlikely the young son of Korryn Gaines and other relatives will see all the money awarded Friday. Gaines, 23, was shot and killed in her home in 2016 after a standoff with Baltimore County police. Her son Kodi, who was 5 at the time, was struck by gunfire in the face and the elbow.
Associated Press, US News & World Report 02/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: US News & World Report

Texas Justices Take Up Arbitration Question In Crop Case
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The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties. The high court set oral arguments in the case for March 20. The decision to grant JJF's petition for review comes after Texas' Seventh Court of Appeals in October 2016 held that a trial court correctly sent the claims to arbitration.
Michelle Casady, Law360 ($)02/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Class Action

Class Action Driver Lawsuit Against Uber Moves Forward
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A class action lawsuit against Uber concerning how its drivers are compensated will move forward in court. The lawsuit was filed in May in U.S. District Court in San Francisco and alleged that Uber drivers were stiffed out of wages when the company implemented a feature called "upfront pricing." As stated in the complaint, Uber quoted and charged passengers a higher fare upfront, but continued to pay drivers based on previous calculations. The lawsuit seeks unspecified monetary damages and a jury trial.
Tracy Lien, LA Times02/19/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: LA Times


Wrongful Death

Trial Date Set in Tony Gwynn Lawsuit Against Smokeless Tobacco Co.
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A trial date has been set in the wrongful death lawsuit by the family of Padres Hall of Famer Tony Gwynn against the Smokeless Tobacco Company. A trial has been set for Sept. 20, 2019 in the lawsuit by Gwynn's family, who alleges that the baseball player was targeted to use the smokeless tobacco that caused the cancer that led to his death. The lawsuit states that it attempts to hold the company responsible “for killing a baseball legend and a wonderful human being.”
Toni McAllister, News & Observer02/19/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: News & Observer

Kansas Doctor Named in Overdose Death Lawsuit
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A new lawsuit has been filed alleging that a Kansas doctor is responsible for a woman's overdose death. The lawsuit was filed by the husband of the woman who died and alleges that she may have overdosed on a prescription medication. An autopsy report originally suggested that the woman overdosed on illegal drugs, however, according to the lawsuit, the woman may have actually overdosed on Subsys, an opioid-based fentanyl spray. The complaint alleges the drug was produced by a pharmaceutical company that was paying the woman's doctor hundreds of thousands of dollars in speaking fees to promote it.
Andy Marso, Kansas City Star02/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Kansas City Star



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