Texas Trial Lawyers Association

Announcements

Just added to the TTLA Annual Conference CLE Program

You don’t want to miss Judy Kostura when she speaks early Wednesday afternoon on the latest news about the provisions of HB 1869, the bill that overrules Fortis! Online registration is now closed. Call 512/476-3852 to register by phone. Click on the headline to learn more!  

Laws/Cases

Auction House Settles Suit with Kobe Bryant

An auction house in New Jersey has reached a settlement with NBA star Kobe Bryant that will allow them to sell some of the memorabilia donated by Bryant's mother. Bryant had written the auction house demanding they not sell any of his possessions, saying his mother did not have the right to give them away. The auction house filed suit, and will now sell of a portion of the memorabilia, including Bryant's high school jersey and two NBA championship rings.
Wire Report, The Washington Post 06/10/2013   

Read Article: The Washington Post    

Bad Road Fuels Lawsuit Against Kendall County

A Kerrville lawyer has filed a lawsuit in an attempt to force Kendall County commissioners to fix a rural road, accusing them of denying him legal access and effectively taking private property by not maintaining it. The suit, filed last week, asks a judge to order commissioners to either maintain Holiday Road, a narrow, dead-end road along a creek southeast of Comfort, build a new one over an alternate route or pay damages to compensate for the alleged devaluation of his property.
Zeke MacCormack, San Antonio Express News 06/10/2013   

Read Article: San Antonio Express News    

Company Must Turn Over Documents in Asbestos Litigation

Building materials manufacturer Georgia-Pacific must allow a special master to inspect internal documents related to eight studies the company commissioned to help fight asbestos litigation, a New York state appeals court ruled on Thursday. In a unanimous decision, the Appellate Division, First Department, found that attorney-client privilege did not protect GP from having to hand over communications with consultants, as well as internal communications related to the preparation of the studies, because the company may have engaged in fraud or misconduct.
Joseph Ax, Reuters 06/10/2013   

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Experts Evaluate Phila. Collapse Site

The same day criminal charges were formally brought against the excavator operator in last week's fatal building collapse in Center City, engineers and lawyers picked through the rubble at the site Sunday, gathering evidence with low- and high-tech equipment for a mounting number of lawsuits. Litigation is underway on behalf of at least four victims of the catastrophe that killed six workers and shoppers at the Salvation Army thrift shop Wednesday morning when a four-story brick wall fell onto the adjoining single-story shop, lawyers said.
Jonathan Lai, Philadelphia Inquirer 06/10/2013   

Read Article: Philadelphia Inquirer    

Woman Files Wrongful Conviction Lawsuit

A California woman, convicted of killing her Marine husband and later freed after new evidence prompted the charges to be dropped, has filed a $20 million lawsuit against the district attorney and others involved in her case. The woman spent more than two years in prison before new evidence directly contradicted what prosecutors presented at trial. The suit accuses police and prosecutors of negligence in the investigation of the man's death, which led to her arrest and incarceration.
Dana Littlefield, San Diego Union Tribune 06/08/2013   

Read Article: San Diego Union Tribune    

Issues

At Least 74 Texas Sites Report Large Stores of Ammonium Nitrate

In a state that imposes few restrictions on the chemical and even prohibits fire codes in many places where it is stored, businesses that handle ammonium nitrate are re-examining their practices. And local firefighters and emergency coordinators have moved quickly to shore up their own preparedness. Some 20,000 people live within a half mile of the more than 70 sites in Texas that reported having large stores of ammonium nitrate, a Dallas Morning News analysis of state data found. In West, now the site of one of the worst chemical accidents in recent U.S. history, about 800 people lived within the half-mile area that sustained the heaviest damage.
STEVE THOMPSON, REESE DUNKLIN, MATT JACOB and DANIEL LATHROP, The Dallas Morning News 06/10/2013   

Read Article: The Dallas Morning News    

In Texas, Abandoned Oil Equipment Spurs Pollution Fears

Abandoned oil field equipment is a common problem in Texas, which is home to vast numbers of old wells that were never properly sealed. Some remain from the heady decades of the early- to mid-20th century, before current standards kicked in. In recent decades, regulators have worked to plug the old wells so they do not act as a conduit for liquid pollutants to enter groundwater. But some fear that the recent surge in oil drilling, brought about by the modern practice of hydraulic fracturing, will set off worrisome encounters with the old wells.
Kate Galbraith, Texas Tribune 06/10/2013   

Read Article: Texas Tribune    

Ex-leader Diagnoses Problems at State Home

As Medicaid investigators threaten for the seventh time to freeze federal money to Austin’s institution for people with intellectual disabilities, officials say change is coming to the perennially troubled facility. The state just hired the Austin State Supported Living Center’s fourth leader since 2010 to overhaul an institution where investigators say residents have suffered through substandard medical care, flawed treatment and serious neglect. Matt McCue’s expertise as a national consultant on improving institutions will bring a fresh eye to the persistent problems, officials say. But Charles Bratcher — the last administrator brought in to clean house — said the facility’s new leader is likely to face the same quagmire he did: crumbling infrastructure, staffing shortages, inadequate training and a lack of guidance from high-level state bureaucrats.
Andrea Ball, Austin American Statesman 06/10/2013   

Read Article: Austin American Statesman    

CA Clovis Couple Seeks Repeal of Malpractice Payout Caps

A Clovis, CA couple has joined a statewide coalition to repeal a 38-year-old California law that caps medical malpractice damages for pain and suffering. Doug and Linda Wilkinson say the law, which limits non-economic compensation to $250,000, is an injustice to families who have lost loved ones. MICRA has been controversial since it was enacted in 1975. Opponents — backed by trial lawyers — say the only ones to benefit have been insurance companies and health providers. The advocates — backed by insurance companies and health providers — say the cap has kept health-care costs in check and encouraged doctors to practice in California.
Barbara Anderson, Fresno Bee 06/10/2013   

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Studies/Reports

Kids' Repeat Concussions May Mean Longer Recovery

Young people may take longer to recover after their second or third concussion, a new study suggests. Researchers typically believe the average athlete needs up to two weeks to stop having symptoms - such as headaches and memory problems - after a concussion. But in the new study, children and young adults who had just suffered their second concussion in the last year took an average of 35 days to get back to normal. "We have to be cautious in terms of after two weeks, if you still have symptomatic athletes, that you're not trying to hurry them back," said Dr. Paul Comper, a concussion researcher from the University of Toronto. "The most important piece of information that comes out of this study is, if you've had prior concussions, the 10- to 14-day (recovery) thing may be completely out the window," Comper, who wasn't involved in the new study, told Reuters Health.
Genevra Pittman, Reuters 06/10/2013   

Read Article: Reuters    

Malpractice

Man Files Suit over Botched Nose Job Surgeries

A New York man has filed a medical malpractice lawsuit against an Oklahoma plastic surgeon over a botched rhinoplasty. The plaintiff claims that over the course of four years, he had 22 surgeries on his nose with the defendant to fix mistakes. In the final procedure, the doctor cut most of his nose off, leaving him deformed. The lawsuit is seeking unspecified damages.
Michael Walsh , New York Daily News 06/10/2013   

Read Article: New York Daily News