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STUDY: REASONS FOR REVERSAL IN THE TEXAS COURTS OF APPEALS |
| The study published in the Houston Law Review (www.houstonlawreview.org/) conducted by Lynne Liberato and Kent Rutter who are partners in the Houston office of Haynes and Boone, reviewed 1,832 opinions issued from Sept. 1, 2010 to Aug. 31, 2011. The appellate law experts read each case and determined who had won and why. Unlike the Texas Supreme Court, which has discretion to hear appeals, the lower appellate courts must consider all that are filed. Click on the headline to access the study. |
"1K Pays Your Way" TTLA Annual Conference |
| Earn your registration fee for the 2012 TTLA Annual Conference by recruiting new TTLA members! Simply recruit $1,000 worth of new TTLA memberships, and earn free registration to the Annual Conference CLE at Hyatt Lost Pines – an $875 value. Clip on the headline to learn more. |
Laws/Cases |
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Torture Lawsuit Against Former Bush Administrator Tossed Out |
| A three-judge panel unanimously decided that a former Bush administration lawyer was protected from a lawsuit filed by a convicted terrorist who claimed the aide’s memos authorized illegal harsh treatment in the two years following 9/11. The decision, which stated that the definition of torture wasn’t clearly defined during those years, reversed a lower court decision. Paul Elias, Atlanta Journal-Constitution 05/02/2012 | Read Article: Atlanta Journal-Constitution |
Judge Dismisses Indian Tribe’s Suit against NCAA |
| A judge has dismissed a lawsuit brought against the NCAA by members of the Spirit Lake Sioux tribe requesting at least $10 million and that the University of North Dakota keep their Fighting Sioux nickname. The governing body of college athletes restricts the use of hostile and abusive imagery and names, and although the UND issue has been debated on multiple fronts in recent years, a judge found that there were not enough facts to support the claims that the tribes' civil and religious rights were violated. Dave Kolpack, Seattle Post-Intelligencer 05/02/2012 | Read Article: Seattle Post-Intelligencer |
Appeals Court Revives Morgan Keegan Fraud Suit |
| A court of appeals has revived a lawsuit originally filed in 2009 by the SEC against Morgan Keegan, a unit of Raymond James, claiming the brokers misrepresented debt. The court disagreed with a district judge’s previous ruling that the company adequately disclosed the risk, returning the rare large-scale auction-rate case to the district court for further proceedings. Jonathan Stempel, Reuters 05/02/2012 | Read Article: Reuters |
Jury: Alcoa not Liable for Miner’s Cancer |
| An Indiana jury has sided with Alcoa, an aluminum producer, in a $12 million lawsuit brought against them by a former miner who claimed exposure to chemicals at the mine site where he worked and enjoyed recreational activities caused his liver cancer. Attorneys for Alcoa argued that there was no proven medical link between the chemicals and the cancer and also that the statute of limitations had expired. Evansville Courier & Press Staff Writer, CBC News 05/02/2012 | Read Article: CBC News |
Class Action |
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$7.8 Billion Oil Spill Settlement Tentatively Approved |
| A $7.8 billion agreement with BP has received preliminary approval to settle a class-action suit which would resolve more than 100,000 individual and business claims derived from the 2010 oil spill in the Gulf of Mexico. The agreement covers economic, property and medical claims, but not ones from the U.S. government or Gulf Coast states. A fairness hearing to address objections is set for Nov. 8. http://www.reuters.com/article/2012/05/03/bp-oilspill-idUSL1E8G308P20120503, Reuters 05/02/2012 | Read Article: Reuters |
Personal Injury |
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Carnival Cruise Lines Sued for Negligence |
| The family of a woman who died after falling on a water glass and severing an artery in her cabin, is suing Carnival Cruise lines for negligence. The suit claims Carnival failed to ensure the woman wasn’t impaired after being served multiple drinks and that the ship’s crew wasn't trained properly for the emergency situation. Chris Paschenko, Galveston County - The Daily News 05/03/2012 | Read Article: Galveston County - The Daily News |
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