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June 5, 2017

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Solutions for Structured Settlement Claimants

Upcoming Online CLE
6
Jun
Maximizing the Value of M.I.S.T. Cases
7
Jun
Understanding the Fair Debt Collection Practices Act
13
Jun
What's Going On? eDiscovery and FRCP Amendment Implementation--Practice and Precedent
21
Jun
Litigating Elder Abuse/Neglect in Assisted Living Facilities
27
Jun
Trucking Crash Cases ' Gaining Knowledge and Pursuing Justice
29
Jun
Developing the Income Loss Claim for the Self-Employed Individual
Announcements

Get ready for your next TTLA family gathering!
Join TTLA June 7-9, 2017 at the Omni Austin Hotel Downtown for the 2017 Midyear Conference and CLE Seminar. Network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn up to 10 hours of MCLE credit! Click on the headline to register.

Texas Tribune Daily Brief

The Brief for June 5
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CASSANDRA POLLOCK AND BOBBY BLANCHARD, Texas Tribune 06/05/2017 FacebookTwitterLinkedin
Read Article: Texas Tribune


Laws/Cases

Women Hit by Drunk Driver Files Suit Against Portland Strip Club
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A Vancouver woman has filed a lawsuit alleging that she was injured in a head-on collision by a driver who was overserved alcohol at a strip club in Portland, Oregon. The lawsuit was filed last week in Multnomah County Circuit Court against Acropolis Steakhouse. According to the complaint, the plaintiff's car was struck head-on by another man's car on Highway 500 on June 12, 2015. Both the driver and his passenger were killed in the crash. The lawsuit alleges that the driver consumed large amounts of alcohol and was repeatedly served by the club even after being visibly intoxicated.
Jessica Prokop, The Columbian 05/29/2017 FacebookTwitterLinkedin
Read Article: The Columbian

$1.5M Judgment Upheld in Six Flags Water Park Injury Case
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A $1.5 million judgment against Six Flags Great America in a woman's water slide injury has been upheld by an appeals court. The woman alleged in the lawsuit that she suffered serious injuries to her wrist and hands while on the Wahoo Racer at the Gurnee amusement park's Hurricane Harbor water park. The appellate court ruling on Wednesday stated that the main issue in the case was Six Flags Great America's failure to identify the dispatcher, attendant, and inspector of the waterslide until four days before trial. The court also pointed out that the slide manual recommended that the ride should be inspected daily when park operators were performing inspections only once a week.
Robert McCoppin, Chicago Tribune 06/02/2017 FacebookTwitterLinkedin
Read Article: Chicago Tribune

Arbonne Accused of Running Pyramid Scheme in Texas Couple's Lawsuit
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The Arbonne cosmetics company, based in Irvine, California, is facing a lawsuit by a Texas couple alleging that the company is a pyramid scheme. The lawsuit filed Thursday, May 25, in Orange County Superior Court accuses the health and beauty product marketer of operating 'a pyramid scheme masquerading as a direct seller of health and beauty products. Its many millions in revenues are primarily derived from bilking its hundreds of thousands of distributors," according to the complaint. The company "vehemently denies any claims alleging its business model is somehow illegal or improper."
Hannah Madans, Orange County Register 06/02/2017 FacebookTwitterLinkedin
Read Article: Orange County Register

Appeals Court Rules in Favor of Pfizer in Zoloft Birth Defects Lawsuits
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A panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia has ruled in favor of Pfizer Inc in an effort to revive hundreds of lawsuits alleging the company's drug Zoloft causes birth defects. The cases were dismissed in April 2016 by a lower court judge who stated that the plaintiffs had not shown a plausible scientific link between Zoloft and the birth defects. The plaintiffs in 300 lawsuits alleged that New York-based Pfizer downplayed the risks of the drugs in order to boost sales. The plaintiffs were counting on the testimony of a biostatistics professor from the University of California at Berkeley, but the appeals court found his methods unreliable.
Jonathan Stempel, Reuters 06/02/2017 FacebookTwitterLinkedin
Read Article: Reuters


Class Action

Whole Foods Facing Lawsuit Alleging It Overcharges Customers
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Whole Foods Market is to face a proposed class action lawsuit by a man who alleges that the store has repeatedly overcharged him. On Friday, a federal appeals court ruled that the lawsuit against the grocery chain will continue in court. The appellate court reversed a lower court's decision which dismissed the case based on the fact that the plaintiff could not prove the store overcharged him for a specific purchase. The plaintiff alleged in the lawsuit that Whole Foods had been overcharging its New York City customers by overstating the weight of pre-packaged foods.
Jonathan Stempel, Reuters 06/02/2017 FacebookTwitterLinkedin
Read Article: Reuters


Labor/Employment

Walmart Accused in Report of Punishing Workers for Sick Days
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A workers' advocacy group has released a report indicating that retailer Walmart punishes its employees for sick days. The report, based on the surveys of 1,000 Walmart employees, alleges that Walmart has violated the Americans with Disabilities Act and the Family and Medical Leave Act, among other worker-protection laws. The advocacy group previously filed suit with the Equal Employment Opportunity Commission against Walmart alleging that the company discriminated against pregnant employees. Walmart stated that it had not yet received the report, but denied its claims.
Rachel Abrams, The New York Times 06/01/2017 FacebookTwitterLinkedin
Read Article: The New York Times



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