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  January 16, 2013

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The Plaintiff's Resource

Upcoming Online CLE

16
Jan

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

23
Jan

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

29
Jan

How the Defense Values a Case

30
Jan

Medicare Secondary Payer Workshop: 2012 Update

6
Feb

Damages and the Jury

7
Feb

Legal Apps for the iPad - From Preparation to Trial

14
Feb

Mouse-trapping with Phil Miller

Announcements


 

 

What's better than Vegas? Hearing the legendary Jim Perdue, Sr. in Vegas on Friday, Feb 22!

2013 Vegas CLE, February 21-23,Bellagio Hotel,Las Vegas. Don't gamble with your cases. 48 hours in Vegas can change your practice forever! Join some of TTLA's battle-tested veterans and emerging superstars in Las Vegas for a CLE experience that'll change your luck in the courtroom. Our most popular destination CLE, Sin City plays host to legendary TTLA speakers, including Jim Perdue, Sr. and Jim Perdue, Jr. in a special joint presentation. Click on the headline to learn more.  

 

Laws/Cases


 

 

Va. Company to Replenish Lost 401(k) Money

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A company in Virginia Beach has agreed to settle a lawsuit over illegal 401(k) withholdings and will put more than $77,000 back into employee retirement plans. The suit claimed the company deducted money from employee paychecks that was to be placed into retirement plans over a four-year period starting in 2007 but never actually was. This constituted a violation of the U.S. Employee Retirement Income Security Act.
Philip Walzer, Virginian Pilot 01/14/2013   Facebook iconTwitter iconLinkedIn Icon

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Tenn. Pastor Accused of Abuse in Lawsuit

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A church pastor in Nashville, Tenn., has been accused in a lawsuit of physically abusing a woman for over 25 years. The pastor, who has been a vocal supporter of corporal punishment, allegedly began abusing the woman when she was a child, continuing on well into her adult life. The pastor is also named in another suit, along with the church, accusing them of covering up sexual abuse at a Christian school in Maryland.
Bob Smietana, USA Today 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

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Psychiatrist Named in Suit of Aurora Theater Killings

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The widow of one of the victims in the Aurora, Colo., movie theater killings has filed a lawsuit against the Colorado University psychiatrist who was treating the alleged killer. In the suit, the woman claims the killer told his psychiatrist that he "fantasized about killing people" a few days before the incident and should have been put on a 72-hour psychiatric hold. The suit says the doctor "rejected" the idea of putting the man on a hold when it was proposed by a campus police officer.
Tom McGhee, Denver Post 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

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E. Coli Death Prompts Suit over Infected Beef

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The family of a man with Down syndrome who died in 2010 from eating food contaminated with E. coli has filed a lawsuit against three beef companies and a group of retailers for their roles in selling the product. The suit says the negligence of all the defendants resulted in the death of the man. Federal officials have not been able to pinpoint the precise source of the contaminated beef, but Minnesota health officials say it came from a plant in Kansas.
Mike McGraw , Kansas City Star 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit: Police Officers Savagely Beat Man

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A Louisville man has filed suit against two local police officers who allegedly beat him severely during an incident in December. In the suit, the man claims the defendants approached him "aggressively" without identifying themselves as cops, and he threw the first punch in self-defense. The plaintiff says the officers broke his nose and he has had three surgeries to correct breathing problems associated with the injury.
Mark Vanderhoff, Louisville Courier Journal 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Louisville Courier Journal    

 

It May Float, but a Home Isn't a Boat, Justices Rule

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A floating home is not a vessel to be regulated under federal admiralty law, the Supreme Court ruled on Tuesday in a colorful decision that featured photographs and the first dissenting opinion in an argued case since the term started in October. The case was closely watched by businesses that operate floating structures like casinos, restaurants and hotels. Structures deemed to be vessels are subject to federal laws and regulations, including ones concerning safety, employment and taxes. The home could not propel itself, but it was occasionally towed from one Florida marina to another, sometimes over long distances. In 2006, it was docked at a marina owned by the City of Riviera Beach, Fla. A dispute over dockage fees led to a lawsuit under federal admiralty law.
ADAM LIPTAK, The New York Times 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Issues


 

 

National Road Safety Report Shows Texas Lacks Key Laws

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Texas ranks among the worst states for passing highway safety laws, according to an annual report released Tuesday. Advocates for Highway and Auto Safety released the "Roadmap of State Highway Safety Laws" grading all 50 states and the District of Columbia on their performance based on 15 basic traffic safety laws. Texas - the first state to pass an 85-mile-per-hour speed limit last year - joined about a dozen states in the bottom tier.
Erin Mulvaney, Houston Chronicle 01/16/2013   Facebook iconTwitter iconLinkedIn Icon

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Texas Study Finds Increase in Water Used for Fracking

 

A new University of Texas at Austin study has found that the amount of water used in the drilling practice known as hydraulic fracturing has risen sharply in recent years as oil and natural gas production has surged. But the 97-page study, funded by the Texas Oil and Gas Association, also found that the amount of water used in hydraulic fracturing would level off sometime in the decade starting in 2020, as water recycling technologies matured and the industry's rapid growth rate cooled.
Kate Galbraith, Texas Tribune  01/16/2013  Facebook iconTwitter iconLinkedIn icon

Read Article: Texas Tribune    


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