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July 24, 2020

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Announcements

Virtual Statewide Membership Drive, Wed, August 5th
Join your TTLA colleagues on Aug 5th and #GrowTheFamily! Click on the headline to register.

Save the Date for the 2020 Car Wrecks Virtual Seminar
Save the date Thursday, Sept 3rd, 9:00am - 5:00pm Earn up to 6.75 hours MCLE credit including 0.25 ethics Please note: Legal staff of registered TTLA members will be able to register and participate on this webinar. Legal Staff/Paralegals/Law Clerks are welcome to attend with a registered TTLA attorney member. Registrants will be notified if their employer is not registered and registration will be cancelled without refund. Click on the headline to register.

Texas Tribune Daily Brief

The Brief for July 24
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In today's Brief: Despite masks helping, experts ask Gov. Greg Abbott not to rule out a shutdown. Also, Executive Editor Ross Ramsey writes about the pandemic's harsh impact on the Texas economy.
Elvia Limón, Texas Tribune 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Sex Abuse Allegations Prompt Investigation at Jewish School
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An independent Jewish school, Emery/Weiner School, in Houston is investigating allegations that a former faculty member abused a student more than a decade ago, according to a media report. Officials at the Emery/Weiner School voted earlier this month to hire an outside firm to investigate the allegations, which stem from a social media post made by a former student last month, the Jewish Herald Voice reported Thursday.
Robert Downen , Houston Chronicle 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Investigation: Police Use of Kinetic Impact Projectiles Has Left a Bloody Trail for Decades
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As many as 60 protesters suffered head wounds during Black Lives Matter events, including bone fractures, blindness and traumatic brain injuries. Activists and civil libertarians worldwide have urged police to ban less lethal projectiles from use for crowd control. Law enforcement in the United Kingdom ceased using them that way decades ago. But an investigation by USA TODAY and Kaiser Health News found little has changed over the years in the United States.
Donovan Slack, Dennis Wagner, Kevin McCoy and Jay Hancock, USA TODAY and Kaiser Health News, USA Today 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Laws/Cases

Woman Files Lawsuit Agains Dallas Apartment Complex Saying Mold Caused Chronic Illness
A Dallas woman who says mold in her high-end Cedars apartment has made her so chronically ill that she needs regular treatment in a hyperbaric chamber is suing the complex to recoup medical bills and lost wages. Levine is suing South Side on Lamar claiming that staff should have properly cleaned the apartment before she moved in and should have removed the mold once she reported it.
Charles Scudder, The Dallas Morning News 07/24/2020 Facebook iconTwitter iconLinkedIn icon
Read Article: The Dallas Morning News


Insurance

Insurance Group to Scrutinize Rate Guidelines for Racial Bias
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A standards-setting organization for state insurance departments is launching a wide-reaching effort to scour through existing practicesâ??in sales, pricing, underwriting and all other facets of insuranceâ??to identify those that may disadvantage minorities, Ray Farmer, president of the group, the National Association of Insurance Commissioners, said in an interview. â??Everything about race and insurance is on the table,â?? said Mr. Farmer, who also is director of South Carolinaâ??s insurance department.
Leslie Scism, Wall Street Journal - $$ Subscription Required 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)

U.S. Insurers Explore Police Officer Coverage
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U.S. insurers and brokers are starting to craft professional liability coverage for police officers, spurred on by signs that policymakers in some cities and states want to use a financial stick to curb police misconduct.
Suzanne Barlyn & Alwyn Scott, Reuters 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Wrongful Death

Lawsuit: Holyoke Soldiers' Home 'Deliberately Indifferent' During Deadly Virus Outbreak
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A lawsuit filed in US District Court in Springfield, Massachusetts, alleges the Holyoke Soldiersâ?? Home showed a "deliberate indifference" to the care of patients, leading to a number of deaths. A coronavirus outbreak at the facility killed at least 76 elderly residents and sickened dozens more, including staff members and more than 80 other veterans. The lawsuit was filed by a Korean War veteran who died at the facility.
Matt Stout, Boston Globe 07/17/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Boston Globe


Op-Ed

Jay M. Feinman: Too Many Frivolous suits? Too Many Lawyers? Not Really.
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The right to a jury trial in lawsuits is enshrined in the Seventh Amendment. And the portrayal of civil suits is central to American popular culture, but what people learn from civics classes, popular fiction and television melodramas doesnâ??t always reflect reality.
Jay M. Feinman, Distinguished Professor at Rutgers Law School, The Washington Post 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post


Covid-19

Parents: D-FW Church â?˜Ignoringâ?? Coronavirus Outbreak at Camps
A Grapevine church, Fellowship Church, has hosted summer camps for children over the past month has not been forthright about the spread of coronavirus among attendees, according to church members and parents. The church has held multiple retreats at its retreat center, Allaso Ranch, which is located about 85 miles east of Dallas in Hawkins. Photos posted by the church on social media show hundreds of people, mask-less, gathered for group photos and concerts.
Kaley Johnson, Star Telegram 07/24/2020 Facebook iconTwitter iconLinkedIn icon
Read Article: Star Telegram

Starr County: COVID-19 Patients Will be â?˜Sent Home to Dieâ?? if Deemed Too Sick
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Starr County, TX is at a dangerous â??tipping point,â?? reporting an alarming number of new cases each day, data show. Starr County Memorial Hospital â?? the countyâ??s only hospital â?? is overflowing with COVID-19 patients. The county has been forced to form what is being compared to a so-called â??death panel.â?? A county health board â?? which governs Starr Memorial â?? is set to authorize critical care guidelines Thursday that will help medical workers determine ways to allocate scarce medical resources on patients with the best chance to survive.
Chacour Koop, Star Telegram 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Telegram

They Warned OSHA They Were in â??Imminent Dangerâ?? at the Meat Plant. Now Theyâ??re Suing the Agency.
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Frustrated by the lack of response to their complaint of the â??imminent dangerâ?? posed by COVID-19, three meatpacking workers at the Maid-Rite Specialty Foods plant outside of Scranton, Pennsylvania, took the unusual step Wednesday of filing a lawsuit against the Occupational Safety and Health Administration and Labor Secretary Eugene Scalia. The lawsuit, filed in a Pennsylvania federal court, accuses the government of failing to protect essential workers from dangerous conditions that could expose them to the coronavirus. It relies on a rarely used provision of the Occupational Safety and Health Act that allows workers to sue the secretary of labor for â??arbitrarily or capriciouslyâ?? failing to counteract imminent dangers.
Bernice Yeung and Michael Grabell, ProPublica 07/24/2020 Facebook iconTwitter iconLinkedIn Icon
Read Article: ProPublica



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