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March 20, 2018

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Upcoming Online CLE
22
Mar
Ransomware: Holding Businesses Hostage in the 21st Century
23
Mar
Veterans Benefits and the Disability Compensation Process
28
Mar
Using the Code of Federal Regulations to Win Your Cases
29
Mar
Longshore Medical Treatment Orders =E2=80=93 Getting Your Clients Better Faster
4
Apr
Expert Investigations Using Plaintiff Only Databases
10
Apr
Pooled Special Needs Trusts and Medicare Set Aside: Use Them Together to Settle the Case
12
Apr
There's No Excuse for Financial Elder Abuse!
Announcements

Registration is Open! TTLA Midyear Conference & CLE Seminar, May 17-19
Join TTLA May 17-19, 2018 at the Marriott Marquis Houston for the 2018 Midyear Conference and CLE Seminar. network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn MCLE credit! Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for March 20
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In today’s Brief: A fifth explosion hits the state, Texas can bar work licenses over student loan defaults, and a recent report on the role drugs and alcohol play in child abuse cases.
Cassi Pollock , Texas Tribune 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Prosecutors Investigate Firms That Offer Plaintiffs Early Cash
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Federal prosecutors are investigating the fast-growing business of finance companies that provide cash advances to plaintiffs in personal injury and other lawsuits, according to five lawyers briefed on the investigation. Dozens of firms offer money to plaintiffs who are desperate for cash and don’t want to wait to collect on settlements or damages they might receive through their lawsuits.
MATTHEW GOLDSTEIN & JESSICA SILVER-GREENBERG, The New York Times 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Firms Tied to Florida Bridge Collapse Have Numerous TX Projects
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Two companies involved with the design and construction of the Florida bridge that collapsed Thursday, killing at least six people, have also worked on several projects throughout Texas, including at Dallas Love Field. Two companies involved with the design and construction of the Florida bridge that collapsed Thursday, killing at least six people, have also worked on several projects throughout Texas, including at Dallas Love Field.
Conor Shine, The Dallas Morning News 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Britain to Put Brake on Whiplash Injury Claims From Car Crashes
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Britain plans new laws to cut the number of whiplash claims from car accidents and change the calculation of personal injury payments, a move which should lower costs for insurers and motor premiums for drivers. Whiplash is a form of neck injury caused by a sudden jolt that snaps the head backwards but insurers argue that many claims in such cases are fraudulent. Britain's Ministry of Justice said it would set fixed compensation amounts for whiplash claims and require medical evidence before claims are settled. It is also changing the interest rate used to calculate how much in compensation should be paid by insurers for personal injuries, cutting the size of payments.
Reuters, The New York Times 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Blog: Whistleblower Retaliation Rising
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Employees at U.S. companies are seeing misconduct less often but they are reporting suspected problems and being punished for it in ever-greater numbers, according to a survey of 5,101 workers by the Ethics & Compliance Initiative. Sixty-nine percent of respondents said they reported misconduct they saw, up from 64% in 2013 and the highest percentage since ECI, a nonprofit that works to help companies improve their ethics and compliance programs, began the survey in 1994. While reporting is up, 47% said they observed misconduct in 2017, down from 51% who did so in 2013.Bad news for those coming forward to report problems: The number of people who said they suffered retaliation for speaking up rose to 44% from 22% in 2013. Normally there is close correlation between the rise in reporting and any increases in retaliation so the greater increase in retribution is unusual, said Pat Harned, chief executive of ECI.
Ben DiPietro , WSJ Blogs 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: WSJ Blogs

From Opioids to Guns: Cities, Counties Step Up Civil Suits
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From tobacco and lead paint, to sub-prime lending and data breaches, from guns and climate change, to contaminated water and pharmaceuticals, cities and counties are increasingly pursuing civil claims over a wide variety of issues. They are motivated by a combination of factors. One reason for the uptick in localities suing over issues that typically used to be spearheaded by state and federal governments is contingent-fee arrangements in which counties and cities contract with private attorneys to represent them. It’s a practice honed, expanded, and adopted from the state attorneys general.
Peter Hayes & Steven M. Sellers , Bloomberg 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg

How a Self-Driving Uber Killed a Pedestrian in Arizona
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The car, a Volvo XC90 sport utility vehicle outfitted with Uber’s sensor system, was in autonomous mode when it struck Elaine Herzberg, a 49-year-old woman, on Sunday around 10 p.m. There was a human safety driver at the wheel, but the car was carrying no passengers. The vehicle was doing about 40 miles per hour on a street with a 45 m.p.h. speed limit when it struck Ms. Herzberg, who was walking her bicycle across the street, according to the Tempe police. The accident was a reminder that self-driving technology is still in the experimental stage, as Silicon Valley giants, major automakers and other companies race to develop vehicles that can drive on their own.
TROY GRIGGS & DAISUKE WAKABAYASHI , The New York Times 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Laws/Cases

Second Lawsuit Filed Over Lost Embryos After Fertility Clinic Malfunction
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A second lawsuit has been filed over a malfunction at a California fertility center. A couple has filed suit against Pacific Fertility Center after a malfunction at the facility led to the destruction of their frozen embryos. The plaintiffs entrusted their eggs and embryos after exhausting other avenues to have children, stated their attorney. The lawsuit was filed Thursday in U.S. District Court, Northern District of California, San Francisco Division.
Lisa M. Krieger , San Jose Mercury News 03/19/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Jose Mercury News

Family Sues after Boy Scouts Strip Merit Badges from Boy with Downs Syndrome
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A Utah man is suing the Irving-based Boy Scouts of America after the organization voided every merit badge his son =E2=80=94 who has Down syndrome =E2=80=94 has earned, blocking the 15-year-old's path to becoming an Eagle Scout. Chad Blythe of Payson, Utah, filed the lawsuit last week in the state's 4th District Court, The Salt Lake Tribune reported. He claims the Boy Scouts and the Utah National Parks Council engaged in "outrageous and reckless conduct" and that his family has suffered emotional distress because of their actions.
Tom Steele, The Dallas Morning News 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Judge Tosses Lawsuit by 7-Eleven Franchisees
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A California judge has "dismissed with prejudice" a lawsuit by 7-Eleven franchisees against the parent company. The National Coalition of Associates of 7-Eleven Franchisees filed the lawsuit in October, saying the Irving-based company has been chipping away at franchisees' profits and increasing their costs. The lawsuit said that 7-Eleven was exercising more control over the independent businesses of the franchisees. Presidents of the regional groups that make up the coalition, which represents more than 7,000 7-Eleven franchisees, also skipped the convenience store retailer's annual convention in Las Vegas in protest over the disagreements. The judge, in an order dated March 14 in U.S. District Court for Central California, required the two sides to reach an agreement on the claims and counterclaims in the lawsuit.
Maria Halkias, The Dallas Morning News 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

First Lawsuit Filed in Miami bridge Collapse by Bicyclist
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Marquise Hepburn, 24, is suing various design and engineering companies involved, including Munilla Construction Management and partner FIGG Bridge Engineers. Hepburn was biking to work Thursday afternoon just as the 950-ton span buckled onto busy Southwest Eighth Street, his attorney, Matt Morgan, said at a news conference. A car veered into Hepburn's path to avoid being entrapped, he added, knocking him off of his bicycle and leaving him caught amid the rubble.
Erik Ortiz , NBCNewYork.com 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: NBCNewYork.com

U.S. Supreme Court Allows Flint Water Contamination Lawsuits
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The U.S. Supreme Court on Monday gave the green light to two class-action lawsuits filed by residents of Flint, Michigan who are pursing civil rights claims against local and state officials over lead contamination in the city’s water supply.The justices left in place a July 2017 ruling by the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals that revived the litigation after the lawsuits were thrown out by a lower court. The high court rejected separate appeals filed by the city of Flint, Genesee County’s drainage commissioner and Michigan Department of Environmental Quality officials.
Lawrence Hurley , Reuters 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Insurance

Moodys: Climate Change will Squeeze Insurance Companies
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The economic aftermath of climate change has heightened liability risks for insurance companies as weather catastrophes such as Hurricane Harvey become more frequent and severe, Moody's Investors Service said in a new report. The credit ratings agency said problems arising from the earth's warming climate, including larger financial losses, uncertainty in risk-modeling and pricing, lawsuits and the declining value of carbon-emitting energy assets, will overshadow opportunities for property and casualty insurance companies to sell more insurance products.
Colin Eaton, Houston Chronicle 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Wrongful Death

Carbon Monoxide Victims Call For Tighter Regulations For Keyless Ignition Cars
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Many families affected by carbon monoxide poisoning triggered by keyless ignition vehicles are calling for tighter regulations for carmakers. One Georgia mother says she and her son could have died after their keyless ignition car was left running while they went to sleep. Another elderly couple died after leaving their car running in the garage for 32 hours while they slept. Many are asking the government to enforce tighter regulations for makers of keyless ignition cars to prevent further incidents of carbon monoxide poisoning.
Staff Report, Atlanta Journal-Constitution 03/19/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Atlanta Journal-Constitution



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