Texas Trial Lawyers Association

This service sponsored exclusively by Trialsmith

  February 21, 2014

Like TTLA on FacebookFollow TTLA on Twitter




Upcoming Online CLE


Social Media: Identifying the Ethical Pitfalls of the Communications Revolution


The Power of Words


Jury Bias: Teaching Lawyers How to Battle the Misperceptions of Tort Deform


Persuasion in the 21st Century


Preparing Your Clients for Deposition




UPDATED AGENDA! TTLA Pharmaceutical & Medical Device Seminar | April 3-4 | Royal Sonesta, Houston

In April 2014, we prove EVERYTHING is BIGGER in Texas (even our seminars). Click the headline to see the unprecedented lineup of speakers coming to the 2nd Annual TTLA Pharmaceutical & Medical Device Seminar. You won’t want to miss this sell-out seminar with our lineup of in-demand topics, storied speakers and unparalleled insight. Think BIG. Think TTLA PMD. Follow us on Twitter @ttla_ #ttla2014pharma  


CPI Investgation: Big Oil, Bad Air: Fracking the Eagle Ford Shale of South Texas

Center for Public Integrity Release: “The Big Oil, Bad Air: Fracking the Eagle Ford Shale of South Texas investigation was produced through a first-ever collaboration among the Center for Public Integrity, InsideClimate News, and The Weather Channel. Deep in the heart of South Texas, oil and gas wells and related industrial facilities are sprouting at an unprecedented rate, making the Eagle Ford Shale one of the biggest energy booms in America, if not the world. But the boom could be a bust for local residents who fear for their health. Big Oil, Bad Air is a package of in-depth articles and an online documentary revealing a regulatory system that does more to protect the industry than the public.” Click on the headline to learn more.  





Jimmy John's Facing Lawsuit over Man Killed by Delivery Driver

spacer image

The Jimmy John's restaurant chain is facing a lawsuit after a man was killed by one of their drivers in Morgantown, W.Va. last August. The lawsuit alleges that the restaurant's policy of "freaky fast delivery" endangers the public and contributed to the death of the pedestrian in August. The man was walking his dog when he was hit by the delivery driver and assistant manager, who was speeding at the time. The lawsuit was filed by the daughter of the victim and names the driver, Jimmy John's and the company that operates the local franchise as defendants.
Kate White, The Charleston Gazette 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Charleston Gazette    


General Motors Sued Over Fatal Accident

spacer image

A lawsuit has been filed against General Motors alleging that it knew of problems with the ignition switch in its Cobalt cars, but failed to issue a recall. The lawsuit was filed over the death of a 29-year-old woman who crashed her 2005 Cobalt when the ignition switch shut off the engine while driving. During the stall, the driver's power steering and brakes were cut off, as well as airbags and anti-lock brakes. Prior to the woman's accident, GM alerted automakers and dealers of the issue, but did not require them to fix the ignition switch before selling the vehicles or issue a recall.
James R. Healey and Fred Meier, USA Today 02/19/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today    


Man Sues After Breaking Teeth at Outback Steakhouse

spacer image

An Outback Steakhouse in Portland, Ore. is facing a lawsuit after a man broke two teeth while biting into a serving of mashed potatoes. According to the lawsuit, a manager at the restaurant admitted that there were broken pieces of a porcelain plate that had fallen into the mashed potatoes. The lawsuit, filed in Multnomah County Circuit Court in Oregon, seeks $48,000.
Wire Report, USA Today 02/20/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today    


Exxon CEO Joins Suit Citing Fracking Concerns

spacer image

Rex Tillerson, chairman and chief executive of Exxon Mobil Corp and his neighbors had filed suit to block construction of a water tower near his home in this wealthy community outside Dallas saying it is illegal and would create "a noise nuisance and traffic hazards," in part because it would provide water for use in hydraulic fracturing. Fracking, which requires heavy trucks to haul and pump massive amounts of water. It also is a core part of Exxon's business. he dispute over the 160-foot water tower goes beyond possible nuisances related to fracking. Among the issues raised: whether a water utility has to obey local zoning ordinances and what are the rights of residents who relied on such laws in making multi-million-dollar property investments. The latter point was the focus of Mr. Tillerson's comments at the November council meeting.
Daniel Gilbert, Wall Street Journal - $$ Subscription Required 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)    


Faculty Association Sues Over Job Losses in Brownsville

spacer image

The Texas Faculty Association filed a lawsuit against the University of Texas at Brownsville and Texas Southmost College on Thursday in a federal district court in Brownsville on behalf of three former faculty members alleging wrongful termination and age discrimination. It's the latest hiccup in the complex and often contentious unraveling of a partnership between the two institutions, which operated as one for about 20 years.
Reeve Hamilton, Texas Tribune 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Tribune    


Malpractice Suit Revived Over Stent Left in Gunshot Victim

spacer image

Brendan Maher went to an ER with abdominal pains in 2010 and was told the cause was a stent that doctors in Oakland had inserted when they treated him for a gunshot wound in 1996 and should have removed long ago. When he sued the doctors, they argued - and a judge agreed - that California's three-year statute of limitations for medical malpractice barred the suit. But a state appeals court in San Francisco revived the suit this week and said the three-year deadline doesn't apply to injuries caused by "the presence of a foreign body" in a patient who is unaware of its presence, if the object serves no current medical purpose.
Bob Egelko, San Francisco Chronicle 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle    


CA Supreme Court Upholds Whistleblower Protection for Modesto Physician

spacer image

The California Supreme Court ruled Thursday that a Modesto physician who challenged the termination of his hospital privileges has whistleblower protections. Dr. Mark Fahlen, a kidney specialist, filed a March 2011 whistleblower lawsuit in Stanislaus County Superior Court after Sacramento-based Sutter Health canceled his privileges to care for patients at Memorial Medical Center.
Ken Carlson, Modesto Bee 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Modesto Bee    





Oil Companies Track Ahead of Regulators on Crude Rail Safety

spacer image

Oil companies are rolling ahead of federal regulators to replace old tank cars following a series of fiery accidents involving crude-carrying trains. The voluntary moves to upgrade fleets come ahead of looming federal regulations expected to mandate the new and improved DOT-111 tank cars. But the American Petroleum Institute, the oil industry's top lobbying group, wants a more "holistic" approach that includes a focus on preventing accidents in the first place - not just having robust tank cars when they happen.
Jennifer A. Dlouhy, Houston Chronicle 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle    





Study Ties Earthquakes to Injection Wells, Not Fracking Itself

spacer image

Fracturing shale formations to force out oil and gas probably doesn't cause earthquakes, a more likely culprit is the common industry practice of injecting wastewater into the ground as a means of disposal. That's the opinion of scientists who participated in a yearlong study of seismic activity sponsored by the National Academy of Sciences.
JOHN STANCAVAGE, Tulsa World 02/21/2014   Facebook iconTwitter iconLinkedIn Icon

Read Article: Tulsa World($)    

Like TTLA on FacebookFollow TTLA on Twitter