Texas Trial Lawyers Association

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  January 8, 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




As so it begins, the 83rd Texas Legislature convenes today.

Thanks to the Texas Tribune, you can view the proceedings by clicking on the headline.  


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.  





Suit Against LAPD Tossed by Judge

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A federal judge in California has dismissed a lawsuit filed against the city of Los Angeles and the LAPD over a wrongful arrest outside Dodger Stadium in 2011. The man said that after he was arrested, Police Chief Charlie Beck made comments to reporters insinuating that the plaintiff was the man responsible for the severe beating of a fan at the stadium. The judge, however, dismissed the suit, saying he did not suffer any rights violations because he was never formally charged.
Robert J. Lopez, LA Times 01/07/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit: Bar Employee Fired for Reporting Discrimination

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A former security employee for a Chicago nightclub, The Underground, has filed suit against his former employer, saying he was fired after exposing bias against minority patrons. In the suit, the plaintiff claims he witnessed bouncers denying entrance to minorities because of their race or skin color. When he alerted club management, however, he was allegedly punished and eventually fired.
Annie Sweeney, Chicago Tribune 12/28/2012   Facebook iconTwitter iconLinkedIn Icon

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Justices Weigh Intent of a Class-Action Law

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The Supreme Court struggled on Monday to determine whether plaintiffs’ class-action lawyers can avoid having their cases heard in federal court by stipulating that they will seek less than the $5 million threshold set in a 2005 federal law. The justices have in recent years generally been sympathetic to efforts to address what business groups say are abuses in class-action litigation. The 2005 law, the Class Action Fairness Act, was a significant overhaul meant to allow big class actions to be moved out of state courts thought to be hostile to corporate defendants.
ADAM LIPTAK, The New York Times 01/08/2013   Facebook iconTwitter iconLinkedIn Icon

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New York Antitrust Trial Begins Over Credit Card Arbitrations

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Three of the largest U.S. credit card issuers headed to trial on Monday to defend accusations that they colluded to force customers to agree to settle disputes through arbitration rather than in class action lawsuits. American Express Co , Discover Financial Services and Citigroup Inc face the allegations in two antitrust lawsuits filed by customers who had to sign arbitration agreements in order to get credit cards.
Nate Raymond, Reuters 01/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Consumers Warned to Check Fisher-Price Infant Sleepers after mold reported

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The government is warning consumers to inspect Fisher-Price Newborn Rock ‘N Play Sleepers due to risk of exposure to mold for infants who use them. The Consumer Product Safety Commission said Tuesday that its warning applies to 800,000 infant recliner seats, called sleepers, that were sold at stores nationwide and online since September 2009, with prices ranging between $50 and $85. The seats, designed for babies up to 25 pounds, feature a soft plastic seat held in a tubular metal rocking frame. The product has a removable fabric cover.
Associated Press, The Washington Post 01/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Suit Filed Over Fatal Oregon Tour Bus Crash


Two South Korean exchange students have filed a lawsuit against an Eastern Oregon tour bus company and bus driver over a fatal crash that occurred on Dec. 30, killing nine and injuring more than 30. In the suit, the plaintiffs say the driver was traveling too fast on roads that were covered in snow and ice and was overly fatigued from working close to 100 hours in the week leading up to the accident. Police have yet to determine the cause of the crash, and have not said if the bus was exceeding the speed limit or simply traveling too fast for the icy conditions.
Alexis Krell, Tacoma News-Tribune  01/06/2013  Facebook iconTwitter iconLinkedIn icon

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Suit Over Death at NY Amusement Park Settled


The family of a double amputee Iraq veteran who died when he fell from a roller coaster at a New York amusement park has settled a suit with park officials. After an investigation, state officials determined that operator error was the cause of the accident. While the exact figures of the settlement were not disclosed, sources say it was in the seven-figure range.
Wire Report, The Washington Post  01/08/2013  Facebook iconTwitter iconLinkedIn icon

Read Article: The Washington Post