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Texas Trial Lawyers Association


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  March 4, 2014

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Upcoming Online CLE

4
Mar

The Power of Words

18
Mar

Persuasion in the 21st Century

20
Mar

Preparing Your Clients for Deposition

26
Mar

Speaking the Language of Insurance

27
Mar

Jury Bias: Teaching Lawyers How to Battle the Misperceptions of Tort Deform

2
Apr

Websites and SEO for Attorneys

3
Apr

SPOLIATION OF EVIDENCE: How it is Found? How it is Fought?

Announcements


 

 

TTLA Pharmaceutical & Medical Device Seminar | April 3-4 | Royal Sonesta, Houston

Be a part of something BIG! Click the headline for more information on the Texas Pharmaceutical Seminar. Even bigger and better this year, TTLA’s 2nd Annual Pharmaceutical & Medical Device Seminar is sure to be a sell-out. And all you need to do to experience something BIG is to click to register. Think BIG. Think TTLA PMD. Follow us on Twitter @ttla_ #ttla2014pharma  

 

Laws/Cases


 

 

Amazon Workers Seeking Wages for Time Spent in Security Checks

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The U.S. Supreme Court has agreed to hear a lawsuit filed by Amazon warehouse workers who claim they should be paid for the time they spend waiting to get through security checks. The lawsuit contends that the company has violated the Fair Labor Standards Act by not compensating the employees for the time spent on mandatory anti-theft procedures. A U.S. Court of Appeals last year ruled that the lawsuit could proceed in court.
Carlyn Kolker, Reuters 03/03/2014   Facebook iconTwitter iconLinkedIn Icon

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Lawsuit Being Filed After Death of Man by Fellow Hospital Patient

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The family of an Indiana man who was killed by a fellow patient at Richmond State Hospital has notified the state that they are filing a lawsuit. The lawsuit alleges that "the state of Indiana was responsible for [the] man's health and safety" and "they failed to protect him and that contributed to or caused his death." The lawsuit seeks the maximum of $700,000 allowed under Indiana's Tort Claims Act.
Tim Evans, Indianapolis Star 03/03/2014   Facebook iconTwitter iconLinkedIn Icon

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Kan. Boarding School Settles Hazing Lawsuit

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A lawsuit filed against a boarding school in Salina, Kan. has been settled. The lawsuit, filed by the parents of a former student at the school, alleged physical and mental abuse as part of hazing rituals. The plaintiff's son sustained two broken legs, including a displaced femur, shortly after he arrived at the school as a 13-year-old. The details of the settlement have not been disclosed. The jury selection for the case was to begin on Tuesday.
Glenn E. Rice, Kansas City Star 03/03/2014   Facebook iconTwitter iconLinkedIn Icon

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Widow Sues City of Austin, Retailers Over Husband's Death

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An Austin widow is suing the city, a mall owner and a store inside the mall because of her husband's death. Esther Seoanes, the wife of James Williford, filed a wrongful death lawsuit against the city of Austin, Simon Properties, and Nordstrom. In 2012, Austin police were chasing Reynaldo Hernandez, who had just stolen a truck from Barton Creek Square Mall, when Hernandez slammed into Williford's car killing him. His wife says police never should have been chasing a petty criminal at speeds nearing 100 miles per hour.
Staff, KEYE-TV 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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Court Says BP’s Spill Agreement Is Binding

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In a setback for BP as it deals with the aftermath of the 2010 Gulf of Mexico oil spill, a federal appeals court on Monday ruled that the company would have to stick to its agreement and pay some gulf businesses for economic damage without their having to prove it was caused by the spill. BP had argued strenuously in court, and in newspaper advertisements, that the settlement had been unfairly misinterpreted and that it was being forced to pay for damage unrelated to the accident. But in a strongly worded opinion, Judge Leslie H. Southwick ruled that the company was bound by the agreement it had signed.
CAMPBELL ROBERTSON and JOHN SCHWARTZ, The New York Times 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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Alabama Supreme Court Upholds $3.2M Verdict

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The Alabama Supreme Court has upheld a jury's $3.2 million medical malpractice judgment involving a Montgomery hospital. The court ruled Friday that the university-affiliated Health Care Authority for Baptist Health that ran the hospital did not qualify for the legal immunity granted to state entities. The court in a 6-3 decision rejected the hospital's request for rehearing.
Associated Press, San Francisco Chronicle 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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Vietnam Vets With PTSD File Lawsuit To Gain Benefits

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Five Vietnam War veterans filed a federal lawsuit Monday claiming that they have been denied benefits and suffered stigma because they received "other than honorable" discharges due to Post-Traumatic Stress Disorder. They asked the U.S. District Court in New Haven to designate the suit as a class action on behalf of tens of thousands of Vietnam Veterans in the country in similar circumstances. PTSD wasn't designated a medical condition until 1980, five years after the Vietnam War ended. Many Vietnam veterans with undiagnosed PTSD contend they received other than honorable discharges due to behaviors connected with that illness.
PEGGY MCCARTHY, The Hartford Courant 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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$2M Settlement Reached in Ohio Caged Children Case

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Eleven children forced to sleep in cages by their adoptive parents reached a $2 million settlement with an Ohio county where three of them lived before they were placed in the home outfitted with wire and wood enclosures. The agreement, which still needs a judge's approval, likely will bring a close to the series of lawsuits and financial settlements that came after the children were taken out of the home in 2005. The adopted and foster children ranged in age from 1 to 14 when authorities removed them from their home near Norwalk. Their adoptive parents, Michael and Sharen Gravelle, spent two years in prison for abusing some of the children.
JOHN SEEWER Associated Press , ABC News 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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Healthcare


 

 

One Third of Skilled Nursing Patients Harmed in Treatment

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A study by Medicare’s inspector general of skilled nursing facilities says nearly 22,000 patients were injured and more than 1,500 died in a single month — a higher rate of medical errors than hospitals. Doctors who reviewed the patients’ records determined that 59 percent of the errors and injuries were preventable. More than half of those harmed had to be readmitted to the hospital at an estimated cost of $208 million for the month studied — about 2 percent of Medicare’s total inpatient spending.
Marshall Allen, ProPublica 03/04/2014   Facebook iconTwitter iconLinkedIn Icon

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