Texas Tribune Daily Brief
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| The Brief for March 5 |
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In today’s Brief: It’s almost go time for the 2018 primaries — a look at how many Texans turned out to vote early and snapshots of a few congressional races.
CASSANDRA POLLOCK, Texas Tribune03/05/2018    |
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| People Who Don’t Buckle Up in the Back Seat are Running Real Risks |
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According to data from the National Highway Traffic Safety Administration, or NHTSA, in 2015, 4.3 percent of 22,441 fatalities — or 966 deaths — involved unrestrained people in rear seats. And IIHS research finds that unbuckled rear-seat travelers are eight times as likely as buckled rear-seat passengers to be injured or killed in a crash. “While the rear seat retains its reputation as the safest part of the car, in reality that is now the front seat for adults and older teenagers,” said Kristy Arbogast, director of engineering at the Center for Injury Research and Prevention at Children’s Hospital of Philadelphia.
Fran Kritz, The Washington Post 03/05/2018
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| Read Article: The Washington Post |
| Why Driving Fewer Miles May Not Lead to Lower Auto Premiums |
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In many markets, drivers may not be offered significant reductions in their auto premiums, even if they cut down on mileage, the report from the Consumer Federation of America found. The federation, which has long been critical of auto insurers’ rate-setting criteria, tested premiums in 12 cities by obtaining 275 quotes from the websites of five large insurance companies. The biggest insurers typically offered “little or no” premium reduction to low-mileage drivers compared with high-mileage drivers, the research found — even though the distance driven annually is an important factor in predicting accidents.
ANN CARRNS , The New York Times03/05/2018 |
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| Why Mad Shareholders May No Longer Get a Day in Court: QuickTake |
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U.S. regulators have never allowed a company to go public if it planned to ban shareholders from seeking financial damages through class-action lawsuits. The Securities and Exchange Commission has always maintained that private litigation and enforcement of securities laws must work hand-in-hand to protect investors against fraud. Now, the SEC may be warming up to the idea of forced arbitration, say people familiar with the matter, upending decades of legal precedent and setting up a possible clash with investor advocates.
Ben Bain, Bloomberg, The Washington Post03/05/2018 |
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| Lawsuit Accuses Shipley Do-Nuts Owner of Sexual Misconduct and Racism |
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The owner of Shipley Do-Nuts in Texas has been accused of sexual misconduct and racism in a lawsuit. The lawsuit filed Friday in Harris County says that the man groped three longtime employees of the company and then fired them in December 2016. The lawsuit includes allegations of sexual misconduct, racial discrimination, and even false imprisonment. Also detailed in the lawsuit is an incident in which the owner locked one of the plaintiffs in a company-owned house while armed with a firearm.
Staff Report, KTRK-TV03/04/2018 |
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| Texas Court Keeps Post-Plastic Surgery Death Case Open |
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A Texas appeals court has kept alive a wrongful death case filed by the family of a double mastectomy patient who died following reconstructive plastic surgery, shutting down arguments that called the family’s expert witness unqualified and his report inadequate. A three-judge panel found Thursday that the expert, anesthesiologist William James Mazzei, was uniquely qualified and his report addressed the actions of everyone who allegedly caused Isonetta Jones’ death — including those of plastic surgeon Artur Armenta.
John Petrick, Law360 ($)03/05/2018 |
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| Veterans With Mental Illnesses Sue Navy Over Discharges |
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Navy and Marine Corps veterans of Iraq and Afghanistan with post-traumatic stress disorder and other mental health problems have accused the Navy of offering them less-than-honorable discharges that prevent them from getting Veterans Affairs benefits. The lawsuit filed Friday in federal court in Connecticut seeks class-action status for thousands of Navy and Marine Corps veterans. The veterans are represented by students from Yale Law School's Veterans Legal Services Clinic, which filed a similar lawsuit against the Army last year.
Associated Press, AP News 03/05/2018 |
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| Texas Panel Keeps $2.7M Jury Verdict Against Obstetrician |
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An obstetrician who was found liable by a jury for causing permanent nerve damage in a child he delivered lost his bid to toss the $2.7 million judgment on Thursday when Texas' Ninth Court of Appeals rejected his argument that the wrong negligence standard was applied. Dr. Christopher James Glenn had argued that the trial court incorrectly interpreted section 74.153 of the Texas Civil Practice and Remedies Code and didn't apply its negligence standard.
Michelle Casady, Law360 ($) 03/05/2018
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| Read Article: Law360 ($) |
| Texas Justices Order New Trial In $9.6M Oil Rig Injury Case |
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Citing the improper exclusion of video evidence that shows an injured oil rig worker performing manual labor, the Texas Supreme Court on Friday ordered a new trial in the case that originally resulted in a $9.6 million jury verdict against Diamond Offshore Services Ltd. The Texas Supreme Court wrote in its opinion on Friday that it was an abuse of the trial court’s discretion to exclude the video — which shows Willie David Williams working on a vehicle, operating a mini excavator and doing other activities.
Michelle Casady, Law360 ($) 03/05/2018
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| Read Article: Law360 ($) |
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