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May 14, 2018

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Member Central

Upcoming Online CLE
23
May
Handling the Traumatic Servicemembers’ Group Life Insurance Claim
24
May
ERISA Basics for the Non-ERISA Lawyer
31
May
Finding the Hidden Motor Carrier and Other Liable Defendants in a Trucking Case
7
Jun
Proof of Brain Injury Damages: How to Defeat Defense Experts in a TBI Case
13
Jun
Anatomy of a Medical Negligence
Announcements

Building on the Best: Can't attend the TTLA Midyear CLE? No worries!
Attend via Live Webcast! Stream this jam-packed program from your home, office or mobile device and receive the same amount of CLE credit as those attending in person. Click on the headline to learn more & register.

Texas Tribune Daily Brief

The Brief for May 14
In today’s Brief: Loyalty to the president is a wedge in almost every Republican congressional runoff in the state, Texas has a few more days to tell a federal judge how it will start complying with the Motor Voter Act, and a recap of Friday’s Democratic gubernatorial debate.
Cassi Pollock , Texas Tribune 05/14/2018 Facebook iconTwitter iconLinkedIn icon
Read Article: Texas Tribune


Laws/Cases

Oil Companies Seeking Dismissal of Environmental Lawsuit
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A group of oil companies has asked for an environmental lawsuit to be thrown out. The lawsuit was filed against BP Plc, Chevron Corp., ConocoPhillips, Exxon Mobil Corp., and Royal Dutch Shell Plc and contends that the companies should be held responsible for the costs associated with environmental changes caused by their products. The defendants, seeking to dismiss the lawsuit, allege that the court lacks the authority to resolve profound implications for the global economy, international relations and America’s national security. The lawsuit was filed by the city of New York in January.
Bob Van Voris, Bloomberg 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg

Gynecological Mesh: The Medical Device that has 100,000 Women Suing
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There is tremendous controversy about a surgical device implanted in more than two million American women. It's a strip of plastic called gynecological mesh. The manufacturers and several medical societies say the implant is safe. But more than 100,000 women are suing. And together, they make up the largest multi-district litigation since asbestos. One of the largest manufacturers of gynecological mesh is Boston Scientific, a medical device maker with $9 billion in sales.
Scott Pelley, 60 Minutes, CBSNews.com 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: CBSNews.com

Texas Justices Pull Crop Insurance Fight Out Of Arbitration
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The Texas Supreme Court sided with a farm on Friday in ruling that the arbitration agreement in its insurance policy didn't extend far enough to force arbitration of the farm's allegation that mistakes by its insurance agent caused it to be denied a crop damage claim under the policy. The state's high court wrote that Jody James Farms JV should be allowed to proceed with a breach of fiduciary duty lawsuit against its local insurance agent from The Altman Group Inc.
Michelle Casady , Law360 ($) 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Texas Plans Opioid Deception Suit, Opposes State MDL
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Texas will file suit in the next week alleging an opioid manufacturer used deceptive trade practices, the state said in a letter to the Texas Judicial Panel on Multidistrict Litigation, opposing pretrial consolidation of litigation by Texas counties alleging problematic marketing and sales of opioid medications. In its letter filed Thursday, the state did not indicate which manufacturer it would be suing, only that it is one of the handful of pharmaceutical companies that in April requested a state court MDL.
Jess Krochtengel , Law360 ($) 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Insurance

Startups Show Car and Home Insurers They Need to Get Smarter
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When you make an insurance claim with Lemonade, the online-only startup that mainly sells renters policies to young American urbanites, you quickly fill in details on its slick mobile app and then record a quick video to explain the claim again. Smart software analyzes this video for telltale signs of dishonesty, one of 18 antifraud algorithms that Lemonade says helps it pay claims fast. About one-third are paid instantly, according to Daniel Schreiber, co-founder and CEO, while the average claim is settled in less than a day.
Paul J. Davies , Wall Street Journal - $$ Subscription Required 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Wall Street Journal - $$ Subscription Required($)


Products

Police Probe Whether Autopilot Feature was on in Tesla Crash
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Police are investigating whether a Tesla sedan's semi-autonomous Autopilot feature was engaged when it rear-ended a fire department truck in Utah. The Tesla Model S crashed into the truck at 60 mph (97 kph) apparently without braking before impact, according to police in South Jordan, a suburb of Salt Lake City. The fire department mechanic truck had been stopped at a red light. The crash comes as federal safety agencies investigate the performance of Tesla's semi-autonomous driving system.
Associated Press, Houston Chronicle 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Deadly Convenience: Keyless Cars and Their Carbon Monoxide Toll
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It seems like a common convenience in a digital age: a car that can be powered on and off with the push of a button, rather than the mechanical turning of a key. But it is a convenience that can have a deadly effect. More than two dozen people killed by carbon monoxide nationwide since 2006 after a keyless-ignition vehicle was inadvertently left running in a garage. Dozens of others have been injured, some left with brain damage.
David Jeans and Majlie De Puy Kamp, The New York Times 05/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times



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