Texas Trial Lawyers Association

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  January 22, 2013

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The Plaintiff's Resource

Upcoming Online CLE


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


Damages and the Jury


Legal Apps for the iPad - From Preparation to Trial


Mouse-trapping with Phil Miller




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.  





McDonald's Settles Suit over Islamic Food Items

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Fast food giant McDonald's has agreed to pay $700,000 to settle a lawsuit with members of a Detroit Muslim community over claims that a local franchise advertised its food as prepared for Islamic dietary law. One of the plaintiffs in the suit said he bought a chicken sandwich in September 2011 but found it wasn't halal - prepared according to Islamic requirements - despite claims by the franchise.
Wire Report, Detroit Free Press 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Medical Suit Against Prison Moved to Federal Court

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A lawsuit filed by an inmate against Westmoreland County Prison in Pennsylvania will be moved to federal court this week, the Pittsburgh Post-Gazette reports. In the suit, the inmate claims he lost sight in one of his eyes due to poor medical care at the prison. The man says he "repeatedly" asked for treatment of an eye infection, but the medical care came too late.
Staff Report, Pittsburgh Post-Gazette 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Southwest Settles Drink Voucher Lawsuit

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Southwest Airlines has settled a lawsuit with millions of passengers over expired alcoholic drink vouchers. In Aug. 2010, Southwest changed its policy to only allow for passengers to use vouchers on the date they traveled, despite the vouchers having no expiration date. The airline will recognize approximately 5.8 million vouchers and pay the $7 million in legal fees for the plaintiffs under the terms of the settlement.
Hugo Martin, LA Times 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Calif. USD Police Settle Brutality Lawsuit

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Twin Rivers Unified School District in California has agreed to pay $650,000 to settle a lawsuit filed by five men who accused district police of brutality and false arrest. The five men say they were arrested for no reason - all charges against them were eventually dismissed - and three of the men say they were assaulted by one of the officers during the arrest. The district police office is also under investigation by a grand jury over its enforcement tactics.
Denny Walsh, The Sacramento Bee 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Even if It Enrages Your Boss, Social Net Speech Is Protected

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Employers often seek to discourage comments that paint them in a negative light. Don’t discuss company matters publicly, a typical social media policy will say, and don’t disparage managers, co-workers or the company itself. Violations can be a firing offense. But in a series of recent rulings and advisories, labor regulators have declared many such blanket restrictions illegal. The National Labor Relations Board says workers have a right to discuss work conditions freely and without fear of retribution, whether the discussion takes place at the office or on Facebook. In addition to ordering the reinstatement of various workers fired for their posts on social networks, the agency has pushed companies nationwide, including giants like General Motors, Target and Costco, to rewrite their social media rules.
STEVEN GREENHOUSE, The New York Times 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Tracing the Culprit if Fracking Pollutes Water Supplies

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Scientists are developing ways to add non-toxic tracers to drilling fluid so if groundwater is contaminated, investigators would be able to pinpoint if an oil or gas drilling operation was to blame. “What’s impossible at the moment is if you’ve got multiple companies in an area and it’s thought there is contamination, there is no way to tell which company caused the contamination,” said Andrew Barron at Rice University. Barron is developing (along with colleagues at the University of Alberta) ”nano-rust,” an iron oxide that could be injected into the ground along with drilling fluid. Should groundwater become contaminated, a magnet would collect the particles from the water and their magnetic “fingerprint” could be compared to tracers added to drilling fluid used in the area.
Dave Fehling, StateImpact Texas, Texas Tribune 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Voice-Operated Texting While Driving: As Unsafe As It Ever Was

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A few years ago, in a groundbreaking study, researchers compared the performance of cell phone users to drunks in a driving simulator. Study participants talking on a cell phone — handheld and hands-free alike — had slower brake times and were involved in more simulated accidents than when they weren't chatting. Their cognitive impairment was roughly as great as that of participants who got in the simulator after drinking enough screwdrivers to register a .08 percent blood-alcohol content.
Eric Jaffe, The Atlantic 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Class Action



Trial Against Mass. Child Welfare System Begins

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A class-action lawsuit against the Massachusetts child welfare system will go to trial this week. The lawsuit, filed by a child welfare watchdog group, claims state agencies negligently allow children in the system to "suffer a wide range of abuses, including sexual assault, constant foster home uprooting" and more. Representatives for the state will argue that the state program is aware of issues and has already taken steps to improve the welfare system.
Martine Powers, Boston Globe 01/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



County Settles Suit over Death of Inmate

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Gregg County, Texas has settled a lawsuit with a local family over the death of an inmate in 2010. The suit contends that the woman, a drug addict, was denied her prescription medication after being arrested over misdemeanor theft warrants. She was found unresponsive in her cell five days after her arrest. The terms of the settlement were undisclosed.
Staff Report, Tyler Morning Telegraph 01/17/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Tyler Morning Telegraph