Texas Trial Lawyers Association

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January 2, 2014

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eFiling Mandate Deadline

In December 2012, the Texas Supreme Court mandated e-filing in civil matters. The first group of counties (Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Hidalgo and Fort Bend), the Supreme Court, the Court of Criminal Appeals and the 14 Courts of Appeal become mandatory January 1, 2014. This means that attorneys will no longer be able to file paper documents at the clerk's counter. E-filing in all other counties will become mandatory on a graduated schedule through July 1, 2016. Click on the headline to learn more.


TX Man Says Officers Laughed While Tasering Him

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A Texas man has filed suit after being shocked with a Taser gun by police officers who allegedly laughed at the man while they videotaped the incident. The plaintiff filed the lawsuit, which names Harris County as the sole defendant, in U.S. District Court in Houston. The plaintiff was walking in the middle of a frontage road when he was approached by police officers. When the officers perceived the man's erratic behavior as a threat, they hogtied him and shocked him with a Taser several times, while videotaping the incident. The plaintiff claims in the lawsuit that he suffered serious injuries as a result of being shocked by the Taser.
Carol Christian, Houston Chronicle 12/30/2013 Facebook iconTwitter iconLinkedIn Icon

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Passengers of Greyhound Bus Crash File Suit

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Three passengers of a Greyhound bus that crashed on its way to Detroit in September have filed a lawsuit accusing the driver of "falling asleep or otherwise being distracted as he operated the vehicle on I-75." Thirty-four of the fifty passengers of the bus suffered injuries in the accident and six had to be flown to hospitals. The lawsuit claims the plantiffs suffered "severe and permanent injuries" as a result of the crash and are seeking at least $75,000 in damages.
Khalil AlHajal, MLive 12/30/2013 Facebook iconTwitter iconLinkedIn Icon

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Amputee Files Suit Against County After Loss of Arm

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A Pennsylvania woman who lost her arm as a result of an altercation with county sheriffs has filed a lawsuit against Allegheny County. The plaintiff was picked up on a bench warrant as a result of missing a hearing for a charge of resisting arrest and disorderly conduct. According to the lawsuit, the sheriffs allegedly shocked the plaintiff with a Taser, applied arm bars and wrist locks and put on handcuffs that the plaintiff claims were too tight. As a result of the tight cuffs, the plaintiff suffered "compartment syndrome" leading to the amputation of her arm above the elbow. The lawsuit alleges excessive force, cruel and unusual punishment, battery and negligence, and seeks more than $75,000 in damages.
Rich Lord, Pittsburgh Post-Gazette 12/31/2014 Facebook iconTwitter iconLinkedIn Icon

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Texas Teen Faces Another Lawsuit Over Fatal Accident

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Another lawsuit has been filed by a family affected by a drunken driving accident that took place in Burleson, Texas, killing five people and injuring others. The plaintiffs' son was seriously injured when he and several others were hit by a teenager driving with a blood alcohol level more than three times the legal limit. The boy and the other passengers of the car had stopped on the side of the road to assist a stranded motorist when they were struck by the vehicle. The teen who was driving under the influence of alcohol was sentenced in Tarrant County juvenile court to 10 years probation and intensive therapy. This is the sixth lawsuit filed over the June incident.
Elizabeth Campbell, Star Telegram 01/02/2014 Facebook iconTwitter iconLinkedIn Icon

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Pa. Bus Crash Which Injured Dozens Results In Additional Lawsuit

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Another lawsuit has been filed over a Pennsylvania bus crash that killed a pedestrian and injured dozens of passengers. The accident, which took place during a snow storm, occurred when the bus approached two disabled vehicles, subsequently striking and killing a pedestrian. The lawsuit claims the bus driver operated the vehicle in a "careless, reckless, and negligent manner under the circumstances" and says that the bus company is "responsible for the negligent acts of their employee." The woman who filed the lawsuit allegedly fractured her nose and broke teeth in the crash, suffers from cervical problems, and has post-traumatic stress disorder as a result of the accident.
Bob Kalinowski, The Scranton Time-Tribune 01/02/2014 Facebook iconTwitter iconLinkedIn Icon

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Lawsuit Seeks List of Priests Involved in Abuse Cases

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A lawsuit has been filed by a sexual abuse victim against the diocese of St. Cloud, Minnesota which seeks a list of priests credibly accused of abuse. The lawsuit, filed on Tuesday in Stearns County District Court, accuses the diocese of failing to warn parishioners about the history of sexual abuse by priests. According to the lawsuit, the diocese would merely move priests from parish to parish after incidents of sexual abuse. The diocese admitted in 2003 to having 26 priests accused of sexually abusing children. The lawsuit alleges that by not releasing the names of priests involved in sexual abuse, the diocese is continuing to endanger the public.
Staff Report, St. Cloud Times 01/01/2014 Facebook iconTwitter iconLinkedIn Icon

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Budget Cuts Imperil Federal Court System, Roberts Says

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Budget cuts have imperiled the ability of the federal court system to deliver prompt justice and to protect the public, Chief Justice John G. Roberts Jr. wrote on Tuesday in his annual report on the state of the federal judiciary. He said the mandatory budget cuts known as sequestration had taken a disproportionate toll on the federal court system and were poised to Ĺ“pose a genuine threat to public safety.
ADAM LIPTAK, The New York Times 01/02/2014 Facebook iconTwitter iconLinkedIn Icon

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Class Action

Second Class-Action Suit Filed over Target Data Breach

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A second class-action lawsuit has been filed over the recent security breach involving the financial data of Target customers. The security breach affected customers who shopped at Target locations across the country between November 27 and December 15. It has been estimated that over 40 million Target customers had their credit card data compromised as a result of the breach. The lawsuit, filed against Target Corporation, "seeks compensation for financial losses resulting from defrauded deposits of financial institution members and customers, as well as costs associated with closing accounts, reissuing new checks, debit cards and credit cards as a result of Target's data breach."
Staff Report, The Montgomery Advertiser 01/02/2014 Facebook iconTwitter iconLinkedIn Icon

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