Texas Trial Lawyers Association

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  January 7, 2013

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The Plaintiff's Resource

Upcoming Online CLE


Utilizing a Qualified Settlement Fund: what are they, how they work, and when they should be considered


Power Tips, Tricks and Tools for Unleashing the Value of Your List Server


How the Defense Values a Case


Medicare Secondary Payer Workshop: 2012 Update




FDIC Capping Amount of Money Insured in IOLTA Accounts Starting Jan. 1, 2013

Excerpt from Texas Lawyer: Starting on Jan. 1, lawyers need to take extra steps to protect clients’ money in their Interest on Lawyers Trust Accounts (IOLTA). Lawyers holding more than $250,000 for a client in such an account need to research the bank to ensure it won’t fail or consider depositing the cash in multiple IOLTA accounts at separate banks. For the past two years, the Federal Deposit Insurance Corp. (FDIC) has insured an unlimited amount of money in IOLTA accounts, but starting in the New Year, the FDIC will only insure up to $250,000 per client per bank, says Betty Balli Torres, executive director of the Texas Access to Justice Foundation, the administrator of the IOLTA program in Texas. Click on the headline to learn more.  





Employee Fired over Alcoholism, Suit Says

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A former employee of the city of Lakewood, Ohio, has filed a lawsuit against the city after he was fired for consuming alcohol during one of his shifts in March 2012. In his suit, the man claims the city did not take into account his alcoholism when he was fired; alcoholism is covered under the Americans with Disabilities Act, the suit points out. "For almost 26 years, [the plaintiff] was a loyal, longtime employee," his attorney said, but the city failed to give him the same consideration and treatment opportunities as other employees received.
Ed Carroll, Cleveland Leader 01/03/2013   Facebook iconTwitter iconLinkedIn Icon

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Penn. Age Discrimination Lawsuit Dismissed

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A district judge in Pennsylvania has dismissed an age discrimination lawsuit against the Allegheny County District Attorney's office. In his ruling, the judge said the plaintiff failed to "suggest a pattern of age discrimination by the county and prosecutor's office." In his suit, the former narcotics detective said he was derided as an "old man" by his supervisors.
Rich Lord, Pittsburgh Post-Gazette 01/04/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit: Man Fired for Speaking out Against Tobacco Use

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A longtime anti-smoking advocate in California has filed a wrongful termination lawsuit against the Glendale Adventist Medical Center, claiming center officials used political influence to get him fired. In his suit, the plaintiff said he was fired after publicly speaking out against city council members who voted to loosen smoking restrictions in restaurants. A few days after he spoke out, a director for the center "chided [the plaintiff] for speaking out of turn" in a local newspaper editorial.
Brittany Levine, LA Times 01/03/2013   Facebook iconTwitter iconLinkedIn Icon

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Supreme Court Won't Hear PAC Determination Suit

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The U.S. Supreme Court has declined to review a challenge to federal methods for deciding which political groups need to register as PACs and disclose donors. The suit claimed the Federal Election Commission's test that assesses a group's campaign activity level is "too vague and chilled more political speech than necessary." The claim was unanimously rejected by an appeals court, which called the test "a sensible approach to determining whether an organization qualifies for PAC status."
Terry Baynes and Jonathan Stempel, Reuters 01/07/2013   Facebook iconTwitter iconLinkedIn Icon

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GM Recalls 69,000 Vehicles

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General Motors has issued a recall of almost 69,000 trucks, SUVs and vans worldwide because they can roll away unexpectedly. The recall covers the 2013 Chevy Silverado, Suburban, Tahoe, Avalanche and Express as well as certain GMC and Cadillac models. The company said the vehicles may have been equipped with faulty park lock cables.
Wire Report, Detroit Free Press 01/04/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Suit: Jailers Ignoring Sick Man Led to His Death

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A wrongful death lawsuit has been filed against the Sacramento County sheriff's department over the death of a man in a local jail. In the suit, the man's family says jail officers ignored his pleas for help as he violently vomited in his cell for 12 hours. The suit says the man tore his esophagus, which went unchecked and led to internal bleeding and his death.
Wire Report, San Jose Mercury News 01/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Jose Mercury News