Texas Trial Lawyers Association
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July 22, 2019

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Upcoming Online CLE
A Nitty, Gritty, Down and Dirty Discussion of Depositions and Cross-Examination
Changes to 18.001 Affidavits & Hospital Liens: What the Legislature Did and How to Adapt
Top 10 Trial Advocacy Books
Motor Vehicle Property Damage Estimation and Claims Process

Live Webinar: Changes to 18.001 Affidavits & Hospital Liens, July 25th 10:00AM
During the recent legislative session, lawmakers made significant changes to the laws regarding 18.001 affidavits and hospital liens. During this webinar: - TTLA President Will Adams will discuss the legislative session. - TTLA members Judy Kostura and Guy Choate will walk you through the changes made by HB 1693 (18.001 affidavits) and HB 2929 (hospital liens) and theyâ??ll give you tips and strategies to help you adapt your practice to them. As part of your registration, youâ??ll receive a fully updated copy of Judy Kosturaâ??s definitive paper on subrogation and liens. Click on the headline to register.

Registration Open: Commercial Vehicle, 18-Wheeler & Oilfield CLE
Registration is now open for the TTLA Commercial Vehicle, 18-Wheeler & Oilfield CLE on Friday, August 16th at the Horseshoe Bay Resort. Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for July 22
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In today's Brief: Weâ??re still months away from the 2020 filing deadline. But thereâ??s already a long list of candidates lining up to challenge U.S. Sen. John Cornyn, R-Texas. Letâ??s review.
Cassi Pollock, Texas Tribune 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Vincent R. Johnson: A Self-driving Cars Crash - Who Pays?
"Arguably, tort law is already able to deal with the losses resulting from self-driving technology. The usual course is that industrial innovation is followed by tort litigation based on flexible, common law legal principles. Those principles impose liability for negligence (failure to exercise care) or strict liability for harm caused by certain product defects. Exposure to tort liability creates incentives for product sellers and users to adopt measures that can minimize future harm by reducing activity levels or increasing precautions. Within limits, tort litigation provides a healthy check on market excesses."
Vincent R. Johnson, J.D., is interim dean and Charles E. Cantú Distinguished Professor of Law at St. Maryâ??s University, San Antonio Express News 07/22/2019 Facebook iconTwitter iconLinkedIn icon
Read Article: San Antonio Express News


ITC Fire Resulted in 20M Gallons of Waste
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Four months after the International Terminals Co. explosion, fire and chemical leak the work to dispose of the millions of gallons of waste and contaminated water generated in the incident is taking place quietly in the background and is far from finished. ITC must comply with a 31-page management plan that details how the waste is sampled and identified, stored and finally disposed of. It dictates how itâ??s transported and where it can go. But details about the status of the work and where exactly the waste is going are hard to come by.
Perla Trevizo , Houston Chronicle 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Texas Workers Are Dying on the Job at Alarming Rates
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In 2017, a worker in Texas died on the job every 16 hours. They died from electrocution, asphyxiation, falls from roofs, exposure to toxins, equipment malfunctions, heat stroke and automobile collisions. The death toll exceeded the number of murders in Houston, Dallas, Fort Worth and Austin combined. 2016 and 2017 were among the deadliest years for workers in the state in two decades. Every year since 2009, Texas has registered more deaths on the job than any other state. Texas also had the highest worker death rate per capita in 2017 among the nationâ??s 10 most populous states.
Gus Bova, Texas Observer 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Observer


Tragic Accident Nets Nearly $11M Settlement for Truck Driver
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A nearly $11 million settlement has been granted to a truck driver who lost both his legs in an accident. The driver was delivering eight 5,000-pound pipes on Dec. 24, 2013, when his legs were crushed by a pipe. Following the accident, the plaintiff filed suit against Dura-Bond Coating of Duquesne alleging negligence. The plaintiff and Dura-Bond reached a $10.6 settlement, bringing an end to the lawsuit.
John Luciew, PennLive.com 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: PennLive.com

Google Settles Age Discrimination Lawsuit for $11 Million
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Google recently agreed to settle a federal age discrimination lawsuit for $11 million that alleged the tech giant engaged in a systemic practice of discriminating on the basis of age in hiring. The lawsuit was filed by a software engineer who was interviewed by Google four times from 2007 to 2014, beginning when she was 47, and was never hired. Around 227 plaintiffs will collect an average of $35,000 each in the settlement.
Patricia Barnes, Forbes 07/20/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Forbes

TX AG Sues Valero
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The Texas Attorney General office is suing Valero Energy for ongoing air pollution at its Port Arthur refinery in another court challenge for the San Antonio refiner already facing mounting legal and regulatory actions over its air emissions. The Attorney Generalâ??s office alleged in the lawsuit filed Friday that the Port Arthur refinery has engaged in pattern of air emissions violations since 2014.
Marissa Luck , Houston Chronicle 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Drug Makers, Distributors Failed to Stop Suspect Opioid Shipments, Court Filing Alleges
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A motion filed Friday by lawyers for two Ohio counties alleges companies failed to analyze potentially suspicious orders until after they had shipped, applied rudimentary controls on excessive sales that were easy for bad actors to game, and handed the job of halting shady orders to sales departments incentivized to keep pills moving. That filing is one of dozens made the same day in litigation over the opioid crisis in federal court in Cleveland. A judge there is overseeing nearly 2,000 lawsuits filed by cities, counties and Native American tribes against the pharmaceutical industry, seeking to hold companies accountable for widespread drug abuse and addiction that they say started with prescription painkillers.
Sara Randazzo, Wall Street Journal - $$ Subscription Required 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)

Wrongful Death

Utah Woman Dies After Losing Blood During Heart Surgery
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A lawsuit has been filed over the death of a Utah woman following a medical procedure. The woman underwent open-heart surgery to remove a metal heart device that was causing an allergic reaction. According to the lawsuit, a line from the woman's neck had not been clamped during surgery, causing her blood to drain into a garbage can beneath the operating table. The wrongful death suit was filed against the hospital and the doctors involved with the surgery and alleges negligence.
Timothy Bella, The Washington Post 07/22/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

South Carolina Man Killed in Ride Share Accident, Family Files Suit
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The family of a man who died in a car crash while in a Lyft ride share in South Carolina has filed a wrongful death lawsuit. The man was killed when the Lyft driver failed to yield to the right of way and crashed into another car. The lawsuit, filed this week in Charleston County court, alleges gross negligence and wrongful death and seeks "actual and punitive damages." Named as defendants are Lyft and the driver.
Thomas Novelly, Charleston Post Courier 07/18/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Charleston Post Courier

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