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  March 7, 2013

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Unique Voir Dire Techniques

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

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Rules in Nursing Home Cases

Announcements


 

 

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!  

 

Laws/Cases


 

 

Players File Wage Lawsuit Against UFL

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A group of 78 football players have filed a lawsuit against the United Football League, claiming the league and its member teams failed to pay them for their playing time in 2012. The lawsuit claims team owners defaulted on their written agreements to pay players during the season. The plaintiffs are seeking damages in excess of $750,000 in the lawsuit.
Darren Heitner, Forbes 03/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Forbes    

 

Suit: Detective Sexually Harassed by Supervisor

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A police detective in Missoula, Mont., has filed suit against the department, claiming he has been sexually harassed by one of the high-ranking female officers. In the suit, the plaintiff claims the defendant grabbed his behind and squeezed while whispering a sexual innuendo in his ear. Allegedly, the defendant admitted to the contact, but was only given a light punishment.
Staff Report, Missoulian 03/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Missoulian    

 

Suit: Deutsche Bank Violated Whistleblower Laws

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A former Deutsche Bank AG employee has filed suit against the bank, saying he was fired after voicing concerns over internal controls and recent charges to clients. In Jan. 2012, the plaintiff says he reported "potentially fraudulent conduct" to his superiors but was ignored and then fired without cause or notice. The suit accuses the bank of violating whistleblower protection laws.
Joseph Ax, Reuters 03/06/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters    

 

Lawsuits Expected over Colorado Fracking Ban

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Legal experts say lawsuits are coming in Colorado after the city of Fort Collins voted to ban fracking within the city limits, despite notices from state authorities who said cities have no right to regulate the oil and gas industry. The Colorado Attorney General's office filed suit against the city of Longmont last year over similar local regulation. A recent state Supreme Court ruling stated that drilling cannot be banned within a city, county or municipality.
Bruce Finley, Denver Post 03/05/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Denver Post    

 

Penn State Sues Insurer Over Jerry Sandusky-Related Claims

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Penn State alleges in a new lawsuit that its insurance carrier has not been honoring its legal obligation to cover claims related to sexual misconduct by former assistant football coach Jerry Sandusky. The university said in the 18-page complaint filed in Bellefonte on Tuesday that it has been sued or contacted by 29 claimants but that the Pennsylvania Manufacturers' Association Insurance Company has not provided coverage.The lawsuit alleges breach of contract and bad faith, and seeks damages and costs.
Associated Press, Philadelphia Inquirer 03/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Philadelphia Inquirer    

 

Products


 

 

Unreported Side Effects of Drugs Are Found Using Internet Search Data, Study Finds

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Using data drawn from queries entered into Google, Microsoft and Yahoo search engines, scientists at Microsoft, Stanford and Columbia University have for the first time been able to detect evidence of unreported prescription drug side effects before they were found by the Food and Drug Administration’s warning system. The study, which was reported in the Journal of the American Medical Informatics Association on Wednesday, is based on data-mining techniques similar to those employed by services like Google Flu Trends, which has been used to give early warning of the prevalence of the sickness to the public.
JOHN MARKOFF, The New York Times 03/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The New York Times    

 

Wrongful Death


 

 

Police Shot and Killed Innocent Man, Suit Says

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A lawsuit has been filed against the Lake County, Fla., Sheriff's Office after a deputy shot and killed an innocent man last summer. Police were searching for a different man when they knocked on the door of Andrew Lee Scott around 1 a.m. on July 15. The suit says police did not identify themselves, and Scott got his gun before opening the door. Upon seeing the gun, the officer shot Scott. The suit is seeking damages for wrongful death and excessive force.
Ludmilla Lelis, Orlando Sentinel 03/06/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Orlando Sentinel    

 

TEXAS LAWYER CASE SUMMARIES


 

 

Dallas Court of Appeals: Torts

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Appellants were injured during a test drive while the car was being driven by a salesperson. To trigger vicarious liability, the right to control must extend to the specific activity from which the injury arose. The trial court's judgment is affirmed. Poynor v. BMW of North America LLC, Dallas Court of Appeals, No. 05-10-00724-CV, 02-21-2013.
Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 03/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Lawyer Opinions (TTLA Members Only)    


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