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Texas Trial Lawyers Association


This service sponsored exclusively by The James Street Group

  January 25, 2013

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The Plaintiff's Resource

Upcoming Online CLE

29
Jan

How the Defense Values a Case

30
Jan

Medicare Secondary Payer Workshop: 2012 Update

6
Feb

Cutting Edge Damages

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


 

 

Suit Filed over Toy Truck that Burned Child

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An Ohio couple has filed a lawsuit against the maker of a battery-operated toy riding tractor after it burst into flames, burning their young son. The suit says the fire was caused by either "a defective product or a defective manufacturing process." The boy suffered burns over 50 percent of his body and faces a lifetime of medical treatment.
Jim Woods , Columbus Dispatch 01/25/2013   Facebook iconTwitter iconLinkedIn Icon

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Products


 

 

Mitsubishi Recalls Electric Vehicles World-Wide

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Mitsubishi Motors has issued a world-wide recall of 14,700 electric vehicles due to brake problems with the cars. The recall covers vehicle models i-MiEV and MINICAB-MiEV. About 8,900 of the vehicles will be recalled from Europe.
Yoko Kubota, Reuters 01/24/2013   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

Hospital: Fetuses Are Not People

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A Colorado Catholic hospital has argued it should not be held liable for the death of twin fetuses because "the fetuses are not people." The plaintiff, whose wife and unborn children died at St. Thomas More Hospital in 2006, claims the hospital should have performed an emergency cesarean section to save the twins. A state district court and appeals court have sided with the hospital; the case is now heading to the State Supreme Court.
Bob Smietana, USA Today 01/24/2013   Facebook iconTwitter iconLinkedIn Icon

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Despite Counsel, Amputee Hindered by Tort Laws

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When Connie Spears arrived at a Christus Santa Rosa hospital emergency room in 2010 with severe leg pain, she told medical staff about her history of blood clots. Doctors sent her home with a far less serious diagnosis. Days later, swollen and delusional, Spears was taken by ambulance to another hospital where doctors found a severe clot and extensive tissue damage. With her life on the line, they amputated both of her legs above the knee. Nearly three years later, Spears says she is a victim not only of a medical mistake but also of Texas’ tort reform laws.
Becca Aaronson, Texas Tribune 01/25/2013   Facebook iconTwitter iconLinkedIn Icon

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Report Takes Aim at Malpractice 'Myths'

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In the debate over tort reform, “five myths of medical malpractice” with “wide currency in medical circles” are frequently repeated in op-ed essays, blog postings and public statements by physicians, including those designated as spokespersons for organized medicine, according to a report in Chest Journal, published by the American College of Chest Physicians. The “myths” identified in the article are: Malpractice crises are caused by sudden rises in payouts and claim frequency; the tort system delivers “jackpot justice”; physicians are one malpractice verdict away from bankruptcy; physicians move to states that adopt damages caps; and tort reform will lower healthcare spending dramatically. In the article, authors Dr. David Hyman, an attorney and physician from the colleges of law and medicine at the University of Illinois, Urbana-Champaign, and Charles Silver, an attorney with University of Texas in Austin School of Law's Center on Lawyers, Civil Justice and the Media, acknowledge the malpractice system is slow, expensive and “perceived by everyone involved” as unpleasant and “often unjust and unfair.”
Andis Robeznieks, Modern Physician 01/25/2013   Facebook iconTwitter iconLinkedIn Icon

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Labor/Employment


 

 

Media Company Settles Discrimination Lawsuit

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Gannett Company Inc. has agreed to pay $50,000 to settle a lawsuit filed by a former employee who claimed to have been unlawfully fired. In her suit, the woman said she was terminated after returning from a medical leave related to her bipolar disorder. The suit accused the company of violating federal disability laws.
Wire Report, San Francisco Chronicle 01/24/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: San Francisco Chronicle    

 

Wrongful Death


 

 

Suit Settled over Taser Death in Cincinnati

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The University of Cincinnati has agreed to pay $2 million to settle a lawsuit over the death of a student who was killed after being shocked with a Taser by campus police. The incident occurred when campus police responded to a report of a fight breaking out at one of the dorms; the victim was not involved in the fight, but instead trying to fend off attackers, witnesses said. As part of the settlement, campus police may no longer use Tasers and a scholarship fund has been established to help the victims' siblings attend college.
Dan Horn, The Cincinnati Enquirer 01/24/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Cincinnati Enquirer