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March 23, 2018

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Member Central

Upcoming Online CLE
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!
18
Apr
Exposing Expert Bias
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 23
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In today’s Brief: Upcoming gun control rallies, Congress passed a massive spending bill, and scrutinized LGBT policies at faith-based campuses.
Cassi Pollock , Texas Tribune 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Atmos Knew of Northwest Dallas Gas Leaks Over a Month Before Explosion Killed Girl
Atmos Energy had been aware of gas leaks in a northwest Dallas neighborhood for more than seven weeks before a gas-fueled house explosion killed a 12-year-old girl, according to federal investigators. A preliminary report from the National Transportation Safety Board showed that natural gas distribution company Atmos had first been made aware of leaks on Jan. 1, based on odor reports and activity from Atmos crews in the area.
Dana Branham, The Dallas Morning News 03/23/2018 Facebook iconTwitter iconLinkedIn icon
Read Article: The Dallas Morning News

Part 1: In Houston and Beyond, Harvey’s Spills Leave a Toxic Legacy
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Nearly seven months after floodwaters swamped Houston, the extent of the environmental assault is beginning to surface, while questions about the long-term consequences for human health remain unanswered. County, state and federal records pieced together by the Associated Press and the Houston Chronicle reveal a far more widespread toxic impact than authorities publicly reported after the storm slammed into the Texas coast. Nearly half a billion gallons of industrial wastewater mixed with stormwater surged out of just one chemical plant in Baytown. Benzene, vinyl chloride, butadiene and other known human carcinogens were among the dozens of tons of industrial chemicals released throughout Houston’s petrochemical corridor and surrounding neighborhoods and waterways following Harvey’s torrential rains.In all, reporters cataloged more than 100 Harvey-related toxic releases =E2=80=94 on land, in water and air. Most were never publicized, and in the case of two of the biggest releases, Arkema and Magellan, the extent or potential toxicity was initially understated.
Frank Bajak and Lise Olsen, Houston Chronicle 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Part 2: For Crosby Residents, a =E2=80=98Bitter Taste’ About Arkema
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The activity of the company and government regulators since the Arkema disaster falls into the pattern that has emerged nearly seven months after the storm, a Houston Chronicle/Associated Press review of county, state and federal records shows. The extent of the environmental assault is starting to emerge, and Gov. Greg Abbott’s emergency declaration suspending state environmental rules remains in effect, making it more difficult for local authorities to press their case against companies that lost control of their petroleum and chemical products.
Alex Stuckey, Houston Chronicle 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Laws/Cases

USA Gymnastics Asks To Be Dismissed From Nassar Abuse Lawsuit
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USA Gymnastics is asking that it be dismissed from lawsuits involving sexual abuse by sports medicine doctor Larry Nassar. In a recently filed court brief, the organization says USAG is not legally liable for Nassar's actions against athletes. To date, 252 individuals have alleged they suffered sexual abuse by Nassar and filed suit against the former doctor. Of those lawsuits, 149 include USAG as a defendant.
Julie Mack, MLive 03/20/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: MLive

Chevron Responds to Lawsuit, Says It Supports Climate Change Science
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Chevron has responded to a lawsuit filed by the cities of San Francisco and Oakland, California alleging it deceived the public about climate change by stating that the company supports scientific conclusions that humans are causing climate change. However, during the recent hearing in San Francisco federal court, an attorney for the company stated that the scientific consensus about greenhouse gas emissions did not fully form until the past decade. Chevron is one of five major energy producers accused of misleading the public about their role in global warming. Also named as defendants in the lawsuit are Exxon Mobil Corp, ConocoPhillips, Royal Dutch Shell PLC, and BP PLC.
Dan Levine, Reuters 03/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters

FAA to Change Regulations After Fatal New York Helicopter Crash
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The Federal Aviation Administration has responded to a fatal helicopter crash that took place in New York by issuing new regulations on seat harnesses. The crash involved a New Jersey helicopter that went down in the East River off Manhattan and resulted in the deaths of five passengers, who became trapped in their harnesses. The FAA says that it will halt such flights that "involve restraints that cannot be released quickly in an emergency." Further, the administration says it will conduct a "top to bottom review of its rules" governing open door flights.
Ted Sherman, NJ.com 03/16/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: NJ.com

Another Victim Sues After Car Crushed During Florida Bridge Collapse
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Another victim of the recent pedestrian bridge collapse in Miami has filed a lawsuit this week. A woman whose car was crushed in the incident has filed suit against companies involved with the design and construction of the bridge. "Our client suffered serious injury as a direct result of her car being crushed, coming quite literally, within inches of her life," said an attorney for the woman in a statement. The first lawsuit over the bridge collapse was filed on Monday by a cyclist who was injured when the bridge fell.
Sarah Blaskey , Miami Herald 03/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Miami Herald

Baytown Chemical Company, Owner Accused of Dumping Toxic Waste in Bayou
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The owner of a Baytown chemical company is accused of ordering employees to dump a batch of toxic waste into Cedar Bayou in April 2015. Henry Wuertz, owner of Crestchem LLC, was indicted March 14 and his company was indicted March 21, the Harris County District Attorney's Office said in a press release. According to Harris County District Clerk records, Wuertz faces five charges of water pollution, one for each of five days on which he allegedly dumped chemicals, April 18-22. The U.S. Coast Guard, which investigated the incident, estimates up to 50,000 gallons of industrial waste were dumped into Cedar Bayou.
Dana Burke, Houston Chronicle 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Houston Reaches $40M Settlement with Pension Actuarial Firm
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Houston has agreed to settle a lawsuit it filed four years ago against an actuarial firm whose predictions it blamed for contributing to the city’s multi-billion-dollar pension crisis for $40 million. City Council approved the filing of the lawsuit in July 2014, saying Houston officials' reliance on the advice of Towers Perrin, now known as Willis Towers Watson, led them to boost workers’ retirement benefits in 2001 and saddle taxpayers with unaffordable pensions costs as a result.
Mike Morris, Houston Chronicle 03/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Wrongful Death

Fiat Chrysler, Family of Anton Yelchin Reach Settlement
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Fiat Chrysler has reached a settlement in a wrongful death lawsuit filed by the family of late actor Anton Yelchin. The actor died in 2016 after his Jeep rolled on top of him outside of his home in California. More than 1.1 million Grand Cherokees and large cars in April 2016 were recalled by Fiat Chrysler due to a defect that allowed drivers to exit the vehicle without putting them in park. A notice of settlement was filed Tuesday in California state court in Los Angeles, but the terms of the settlement have remained confidential.
Edvard Petterson , Bloomberg 03/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg



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