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June 27, 2016 Like TTLA on Facebook Follow TTLA on Twitter

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Announcements

TTLA Pioneers Series: Those On Whose Shoulders We Stand
The second in the TTLA Pioneers Series, written by TTLA member Ralph Red Dog Jones, is his recollection of Dallas attorney R. Guy Carter, TTLA's first President and, later, Red Dog's law partner. Click on the headline to access.

Members Only Master Workshop with Carl Bettinger and Fredilyn Sison
Members Only Master Workshop with Carl Bettinger and Fredilyn Sison: Story and Psychodrama - The Pathways to the Hero in Every Juror. October 13th in Austin. Registration limited to 45, click on the headline to register.

Texas Tribune Daily Brief

The Brief for June 27

Madlin Conway and John Reynolds, Texas Tribune 06/27/2016 Facebook iconTwitter iconLinkedIn icon
Read Article: Texas Tribune


Issues

For Consumers, Injury Is Hard to Prove in Data-Breach Cases
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As data breaches become more widespread, judges around the country are grappling with a new question: whether hacked companies should have to compensate customers for breaches that expose credit-card numbers or other personal information. The answer, at least so far, has largely been no. While breaches at companies like Target Corp. and Home Depot Inc. have spawned dozens of lawsuits from customers blaming them for shoddy computer security, judges have mostly dismissed these suits at an early stage, finding that customers couldn't show that the breaches caused them any actual harm.
NICOLE HONG, Wall Street Journal - $$ Subscription Required 06/27/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)


Laws/Cases

Lawsuit: Company Pollutes Tennessee River, Endangers Health of Residents
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A lawsuit has been filed against a 3M company alleging that it allowed the chemical polluting of the Tennessee River. The lawsuit was filed against BFI Waste Systems, the City of Decatur, Alabama, and the Municipal Utilities Board of Decatur. The lawsuit does not accuse the defendants of creating the waste, but accuses them of allowing the waste to pollute river water, and therefore endangering the health of local residents. The environmental nonprofit Tennessee Riverkeeper filed the federal lawsuit.
Kelsey Davis, The Montgomery Advertiser 06/25/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Montgomery Advertiser

Texas Justices Redefine Nuisance In $2M Pipeline Noise Suit
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The Texas Supreme Court on Friday set a new standard for nuisance claims ' a legal concept so unclear that it has been called 'the law's garbage can' ' in a ruling that remanded for a new trial a $2 million case accusing an EnLink Midstream LLC subsidiary of running too-noisy compressors.
Jess Davis, Law360.com 06/27/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360.com

Attorneys Off Hook For Malpractice Because Texas Judge Erred
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The Texas Supreme Court said Friday it was judicial error, not attorney negligence, that led to a usury judgment against the lawyers' clients, holding that the attorneys fighting the resulting malpractice claim couldn't have reasonably anticipated the trial court's error.
Michelle Casady, Law360.com 06/27/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360.com

Texas Justices Say Workers' Comp Deals Must Follow Formula
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The Texas Supreme Court on Friday dismantled a workers' compensation settlement American Home Assurance Co. had reached, saying the insurer's agreement to pay an injured worker supplemental income benefits didn't comply with strict statutory formulas.
Jess Davis, Law360.com 06/27/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360.com

Texas High Court Denies Employee's West Nile Virus Suit
The Texas Supreme Court on Friday determined that Union Pacific Railroad Co. is shielded from a worker's suit alleging that he was infected with the West Nile virus on the job, because state common law limits a property owner's liability for harm from indigenous animals.
Michelle Casady, Law360.com 06/27/2016 Facebook iconTwitter iconLinkedIn icon
Read Article: Law360.com


Class Action

Potential Class Action Filed Against Fiat Chrysler Over Shifters
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Fiat Chrysler is facing a potential class action lawsuit over an issue with shifters in Jeeps, which may have contributed to the recent death of actor Anton Yelchin. An investigation has been launched to determine whether a defective shifter was to blame for the death of the actor, who was found crushed by his vehicle. The lawsuit was filed Thursday in the U.S. District Court in Los Angeles. In April, the carmaker acknowledged 41 injuries have been alleged as a result of the shifter defect.
Kimiya Manoochehri, USA Today 06/25/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Wrongful Death

Family of Texas Motorcyclist Killed in Crash Files Lawsuit
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The family of a Texas motorcyclist who died when his motorcycle collided with an SUV has filed a wrongful death lawsuit. The complaint was filed last week in Waco's 170th State District Court and names the other driver and his business as defendants. The collision took place in Waco in 2015, when the defendant allegedly made a sudden turn, causing the 49-year-old motorcycle rider to crash into his vehicle. The lawsuit seeks unspecified damages.
Tommy Witherspoon, Waco Tribune Herald 06/21/2016 Facebook iconTwitter iconLinkedIn Icon
Read Article: Waco Tribune Herald



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