| | | | | Announcements | | | New study: Tort reform has not reduced health care costs in TX, Austin American Statesman 6-21-12 | | New study: Tort reform has not reduced health care costs in Texas Austin American Statesman 6-21-12: A new study found no evidence that health care costs in Texas dipped after a 2003 constitutional amendment limited payouts in medical malpractice lawsuits, despite claims made to voters by some backers of tort reform. Access Will Tort Reform Bend the Cost Curve by Myungho Paik, Bernard S. Black, David A. Hyman, and Charles Silver. Click on the headline to access the article and the full study. | Laws/Cases | | | Defamation Suit Against Roger Clemens To Proceed | | The former athletic trainer for ex-pitcher Roger Clemens said he will proceed with a defamation lawsuit against Clemens despite the fact that the former player was acquitted on perjury charges earlier this month. In his suit, Brian McNamee claims Clemens ruined his life by talking bad about him in interviews and tarnishing his reputation. The lawsuit is seeking unspecified damages. Jessica Dye, Chicago Tribune 06/28/2012 | Read Article: Chicago Tribune | Penn State’s Offer to Victims Is First Move Toward Deals | | The direct offer came at the end of a news release within an hour of Jerry Sandusky’s conviction Friday on 45 counts of child sexual abuse: Penn State University wanted to talk to Sandusky’s victims about money. The message seemed obvious: the university wanted to avoid more embarrassment and criticism in civil court for not having done more to identify Sandusky as a threat to children, and wanted to deal with his victims “privately, expeditiously and fairly.” The offer might have struck some as oddly timed. But some lawyers for his known victims called it a smart public relations move, even coming so rapidly after the verdict. RICHARD SANDOMIR, The New York Times 06/29/2012 | Read Article: The New York Times | Jury Awards $2.2M Verdict Against Drunken Driver | | A Houston jury has awarded a $2.2 million verdict against an inebriated driver who caused a crash in 2010 that left a local woman severely injured and killed the woman’s friend. Houston resident Angela Maxwell was returning from church with a friend in northeast Harris County on Aug. 25, 2010, when her car was struck by a sport utility vehicle driven by Gina Wiggins of Crosby. Maxwell, who was 63 at the time, suffered severe injuries that have prevented her from returning to work. She now walks with a cane and has moved from her residence to live with her daughter. Robert Stanton Robert Stanton, Houston Chronicle 06/29/2012 | Read Article: Houston Chronicle | Issues | | | Air Force: 31 Women Were Abused at Lackland | | At least 31 female trainees have been identified as victims in a widening sex scandal targeting a dozen instructors at Lackland Air Force Base in San Antonio, the Air Force announced Thursday, providing new details about an investigation that has rocked the service's training command. Six of the 12 instructors under investigation for possible misconduct face charges ranging from rape to adultery. A senior Air Force commander said nine of those instructors were in the same squadron. His briefing for reporters at the Pentagon was at the same time that one of the accused appeared in a Lackland courtroom. Lolita C. Baldor and Paul J. Weber, AP , Star Telegram 06/29/2012 | Read Article: Star Telegram | EEOC | | | BP Will Pay $5.4M to Settle Bias Claims | | BP and some of its contractors will pay $5.4 million to women who say they were denied jobs cleaning up after the 2010 oil spill because of their gender. The EEOC announced the settlement Thursday, and said it includes no finding that BP discriminated. The EEOC investigated allegations by several women in Louisiana and Alabama who said that certain spill response contractors did not consider them for the cleanup effort. Emily Pickrell, Blog, Houston Chronicle 06/29/2012 | Read Article: Houston Chronicle | TEXAS LAWYER CASE SUMMARIES | | | Texas Supreme Court: Workers' Compensation | | In this workers' compensation suit, the court of appeals held there was no evidence of credit reputation damages, but otherwise affirmed the trial court's judgment allowing recovery under the Insurance Code. Claims against workers' compensation insurers for unfair settlement practices may not be made under the Insurance Code, but claims under the Insurance Code may be made against those insurers for misrepresenting provisions of their policies, although in this case there was no evidence the insurer did so. An injured employee may not assert a common-law claim for breach of the duty of good faith and fair dealing against a workers' compensation carrier. The court of appeals' judgment is reversed and rendered. Texas Mutual Insurance Co. v. Ruttiger, Texas Supreme Court, No. 08-0751, 06-22-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 06/29/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | | | | | Published by TRIALSMITH, Litigation Tools for Trial Lawyers 5113 Southwest Parkway, Suite 285, Austin, TX 78735 You received this email because you are subscribed to this service from your trial lawyers association. • Unsubscribe • Search National Litigation Bank • 800-443-1757 | |