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Texas Trial Lawyers Association


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March 27, 2014

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Upcoming Online CLE

27
Mar

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

2
Apr

Websites and SEO for Attorneys

8
Apr

Inmate's Rights Litigation

16
Apr

Nursing Home Litigation - How to Take Key Depositions

22
Apr

The Ethics of Lawsuit Lending

24
Apr

Medicare Secondary Payer Act -- Guidelines and Forthcoming Enforcement in Personal Injury Cases

Announcements


LAST CHANCE TO BE PART OF SOMETHING BIG

TTLA Pharmaceutical & Medical Device Seminar | April 3-4 | Royal Sonesta, Houston. This is your LAST CHANCE to be a part of something BIG! The speakers are ready, and the party is planned, but it takes YOU to make a TTLA seminar a true success. Last minute registration is open NOW. Click on the headline to register TODAY and experience our unprecedented lineup of in-demand topics, storied speakers and unparalleled insight. YOU make all the difference. Think BIG. Think TTLA PMD.

Laws/Cases


Students and Parents Included in NJ Bullying Lawsuit

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Close to a dozen New Jersey students and their parents have been added as third-party defendants in a bullying lawsuit filed against two New Jersey school districts. The school districts sought to add the students and parents to the lawsuit they were facing over the alleged bullying of one former student. The lawsuit alleges that the now-18-year-old boy was repeatedly bullied since the fourth grade and school officials failed to protect him.
Wire Report, CBS - New York Local 03/25/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: CBS - New York Local

Apartment Owners Awarded $12.4M in Water Leak Suit

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A nearly decade-long lawsuit over a leaky apartment complex in Des Moines, Iowa has ended in a $12.4 million award to the apartment owners. The lawsuit was filed against the builders of the complex over water leaks and mold that the owners said took years to correct. The water leaks in the 300-unit complex ruined carpets, walls and furniture, caused mold and prompted the removal of entire sections of outer walls. The case is believed to be one of the largest judgments of its kind in state history.
Joel Aschbrenner, DesMoines Register 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: DesMoines Register

Civil Suit Seeks Innocence Declaration in Yogurt Shop Murders

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Attorneys for a man who spent nearly a decade in prison — some of it on death row — in the 1991 murders of four teens at an Austin yogurt shop have filed a civil case in Bexar County to have him declared innocent. Robert Burns Springsteen IV, 39, was sentenced to death by Travis County jurors in 2001 in the killing of 13-year-old Amy Ayers, but DNA evidence later proved he wasn't the one who raped the teen, contradicting a confession he gave police.
Michelle Casady, San Antonio Express News 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: San Antonio Express News

Family Wants a Jury Trial in Civil Suit Against Couch

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The McConnell family held a news conference to announce that they will not accept a settlement in their suit against the parents of Ethan Couch, the 16-year-old who has admitted responsibility for the crash that killed people injured and 12. They want a jury trial, said Kevin McConnell, Lucas’ father. Suits filed by other families whose relatives were either killed or injured have been settled, pending approval by a court. But the McConnells’ believe there has been a total lack of accountability by anyone in the Couch family, Kevin McConnell said.
Mitch Mitchell, Star Telegram 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: Star Telegram

Settlements Reached in Military School Abuse Lawsuit

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Settlements have been reached in a lawsuit over alleged abuse at a Kansas military school. The lawsuit was filed by four students who alleged the school encouraged abuse by giving higher-ranking cadets the authority to discipline younger cadets. The four plaintiffs received settlements of $55,000, $75,000, $100,000 and $1.8 million in their 2012 lawsuit.
Wire Report, KAKE 10 On Your Side 03/26/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: KAKE 10 On Your Side

Dallas Settles for $1.1 M in False Arrest Case

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The City of Dallas settled with Ronald Jones for $1.1M for his claims that he was beaten and falsely arrested by Dallas police — and then spent 15 months in jail as a result. Nearly two years after the incident, the police department finally opened internal affairs and criminal investigations into the officers involved in this incident.
REBECCA LOPEZ, WFAA.com 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: WFAA.com

Issues


Spilled Oil May Bring Stiff Penalties for Company

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Resolving legal issues that arise from Saturday's fuel spill in Galveston Bay likely will require years of litigation and cost tens of millions of dollars. Houston-based Kirby Corp., which owned and operated the barge that spilled 168,000 gallons of fuel after a collision Saturday, faces potential federal fines, cleanup costs and damage payments to residents and businesses. The government notified Kirby that under federal law, it is the responsible party for the spill, said Greg Beuerman, a spokesman for the group of responders that includes the U.S. Coast Guard, the Texas General Land Office and Texas Parks and Wildlife Department, among others. The designation means Kirby is responsible for the cleanup and is subject to provisions of the Oil Pollution Act, a 1990 law passed in response to the Exxon Valdez oil tanker spill in Alaska.
Ryan Holeywell, Houston Chronicle 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle

Healthcare


Hospital Ratings Show Sharp Differences

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An analysis of government data on hospital safety, including how likely patients are to die of avoidable surgical complications, shows that hospitals vary markedly on these measures and that patients are at higher risk in some nationally-known facilities than at tiny hospitals little known outside their rural communities. The safety ratings of 2,591 hospitals, released by Consumer Reports magazine on Thursday, come at a time when estimates of the number of Americans killed by hospital errors is soaring.
Sharon Begley, Reuters 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters

Hospital Infections Kill 200 Daily in US

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Many bacterial infections -- which can lead to serious complications from pneumonia and illnesses of the intestinal tract -- could be prevented if healthcare workers practiced common hygiene, said the Centers for Disease Control and Prevention. The data, published in the New England Journal of Medicine, came from 183 US hospitals in 2011. That year, the CDC survey found that about 721,800 infections occurred in 648,000 hospital patients. Some 75,000 patients with healthcare-associated infections died during their hospitalizations.
AFP , MSN News 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: MSN News

Studies/Reports


Study: Cost of Workers-Comp Care in Texas Increasing

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The cost per claim for medical treatment for injured Texas workers increased 8 percent in 2011 — the latest year measured in a new study by the Workers Compensation Research Institute (WCRI).The average medical cost per Texas claim rose from about $6,000 in 1996 to roughly $10,000 in 2002. Since 2002, the average cost per workers compensation dipped to a low of about $8,000 in 2006 before approaching the $10,000 mark again in 2011.
W. Scott Bailey, San Antonio Business Journal 03/27/2014 Facebook iconTwitter iconLinkedIn Icon

Read Article: San Antonio Business Journal


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