Texas Trial Lawyers Association

This service sponsored exclusively by The James Street Group

  March 5, 2013

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The Plaintiff's Resource

Upcoming Online CLE


Settling Medicare Claims After The SMART Act of 2011: Progress Or Platitudes?


Unique Voir Dire Techniques


Overcoming the Patient Safety Quality Improvement Act Privilege in Medical and Hospital Negligence Cases


Rules in Nursing Home Cases




2013 TTLA Pharmaceutical & Medical Device Seminar, April 25-26

Join WILLIAMS KHERKHER, CLARK, LOVE & HUTSON, G.P. and FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. in Houston on April 25-26, 2013 for a ground-breaking new seminar. For the first time ever, these three law firms will join forces with TTLA to present a seminar dedicated solely to the fast-paced, ever-changing world of Pharmaceutical and Medical Device Litigation. This uniquely-structured seminar will feature updates on the hottest torts, panel discussions by leading mass tort attorneys, and speeches by TTLA legends Michael Gallagher, Tommy Fibich, John Eddie Williams and Ernest Cannon. The program is full of resources and networking opportunities for everyone, so join us for the newest TTLA seminar devoted to the trials and challenges of the mass tort lawyer. Click on the headline to learn more.  


Big Thanks to TTLA's Business Partners!

We appreciate our 2013 preferred partners and are grateful for their support. We encourage our members to support these companies when they are in need of legal services and products. Click on the headline to learn more!  





Suit Filed over Facebook IPO

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A Facebook shareholder has filed a lawsuit against the company over the social media giant's botched initial public offering. The suit claims company directors shared only selective information with shareholders and investors and failed to disclose weaker revenue trends for the company. Shares fell nearly $13 within a month after the initial IPO, and the lawsuit is demanding company directors "disgorge the money they made from selling stock through the IPO."
Tom Hals, Reuters 03/04/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Filed in Missouri over Private Document Scanning

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A lawsuit has been filed against a new system in Missouri which requires driver's license applicants to have their birth certificate and other documents digitally recorded. The plaintiff filed the suit after applying for his concealed handgun license and objecting to sharing that information with third parties and the government. The suit has the backing of several high-ranking Missouri government figures; one said the plaintiff "shouldn't be forced to provide documents to be scanned and risk putting personal information in jeopardy."
Wire Report, Kansas City Star 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit: Company Fired Employees for Joining Lawsuit

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A lawsuit has been filed against an Orlando-based restaurant company accusing owners of firing two employees in retaliation for them joining a wage lawsuit. The judge over the case said she was "troubled" to learn the defendants were questioning employees about the suit, but denied the plaintiff's injunction to restore their jobs, saying the decision should be left up to a jury. A group of 54 workers had previously sued the company, accusing them of failing to pay overtime and improperly counting employee hours.
Staff Report, Orlando Sentinel 03/04/2013   Facebook iconTwitter iconLinkedIn Icon

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Justices to Take Up Case on Generic Drug Makers’ Liability

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The injuries that Karen Bartlett suffered after taking a mild pain pill are enough to make anyone squeamish. The injuries that Karen Bartlett suffered after taking a mild pain pill are enough to make anyone squeamish. Ms. Bartlett sued Mutual Pharmaceutical Company, which made the drug she took, a generic pill, arguing that the drug’s design was dangerous and defective. During her trial in 2010 in Federal District Court in Concord, N.H., her burn surgeon described her experience as “hell on earth,” and a jury awarded her $21 million. An appeals court upheld the verdict. Now, in a case that is being closely watched by pharmaceutical companies, federal regulators and others, the Supreme Court will hear arguments this month on whether Mutual can be held responsible for Ms. Bartlett’s injuries. The outcome is likely to further clarify the legal recourse for patients who take generic drugs, which now account for 80 percent of all prescriptions in the United States.
KATIE THOMAS, The New York Times 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Monster Hits Back Over Teenager's Death Lawsuit

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Monster Beverage is hitting back at a lawsuit alleging its energy drinks were responsible for the death of a 14-year-old girl, saying that no blood test was performed to confirm that the girl died of "caffeine toxicity." The disclosures come amid intensifying scrutiny of energy drinks and their caffeine levels. A lawsuit filed last year by the family of Anais Fournier said the girl went into cardiac arrest after drinking two, 24-ounce (680-gram) cans of Monster drinks in a 24-hour period. The Food and Drug Administration has also said it is investigating reports of deaths linked to energy drinks, including five that cite Monster beverages. The agency notes that the reports don't prove the drinks caused the deaths.
Associated Press, USA Today 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Trucking Co Had 17 Traffic Tickets Over 2-Year Span

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A trucking company involved in a crash that killed six people in Kentucky had accumulated 17 traffic violations over two years before the accident, leading federal authorities to advise states to closely inspect its vehicles. Despite the warning to states, the Federal Motor Carrier Safety Administration gave Highway Star Inc., a satisfactory rating based on its overall performance during that two-year span ending March 3. The rating factors in both traffic stops and safety inspections, and the company had a slightly better record of passing the inspections than the national average.
Associated Press, The Washington Post 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Robosurgery Suits Detail Injuries as Death Reports Rise

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Robot systems made by Intuitive Surgical Inc. are linked to at least 70 deaths in informal incident reports sent to U.S. regulators since 2009, according to a review by Bloomberg News. Now, at least 10 lawsuits filed in the last 14 months, are adding new details about dangerous complications involving the da Vinci robots made by Intuitive. A review of adverse incident reports sent to the Food and Drug Administration since 2009 shows an increase. As the popularity of robot surgery has grown, injury reports involving the procedures jumped to at least 115 in 2012 from 24 in 2009, while deaths rose to 30 from 11. The increases have already spurred the FDA to survey surgeons in January about potential complications, training and the procedures they may be most and least suited for, Bloomberg News reported on Feb. 28.
Robert Langreth , Bloomberg 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Par Pharmaceutical to Pay $45 Million in Fines

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Generic drug company Par Pharmaceutical will pay $45 million in fines and forfeitures over illegal marketing and sales of Megace ES, an appetite loss drug for HIV and cancer patients. The settlement encompasses several pending investigations and litigations, including a whistleblower lawsuit.
Staff Writer, Reuters 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death



Wrongful Death Suit Filed Against Tire Maker

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A son whose parents died in a motorcycle crash in Pennsylvania last year has filed a wrongful death lawsuit against Goodyear Dunlop Tires and Z&M Cycle Sales. The crash occurred after the rear tire of the couple’s Harley blew out, which the suit claims was defective.
Staff Report, Pittsburgh Post-Gazette 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Settled in Special Needs Camp Drowning

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The Okemos Public School system has agreed to a settlement with the family of a 22-year-old special needs man who drowned while at their camp. The victim had a seizure in a swimming pool, and the suit claims he should have had more direct supervision. The family and the school district agreed on settling for $200,000, despite a ruling in December from the Michigan Court of Appeals granting governmental immunity to the district.
Laura Misjak, Detroit Free Press 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

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