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May 18, 2012

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NJ Suit Seeks to Hold Texter Liable for Causing Driver to Lose Control

Coach's Wife Files Defamation Suit Against ESPN

Angered Homeowners Seek Retribution

Employee Wrongly Fired by Time Warner, Suit Says

Suit: USC Not as Safe as Advertised

Man Suffocates at Mental Care Home, Suit Filed

 

 

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Announcements

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2012 Annual Conference Discover TTLA, June 6-8 at the Hyatt Lost Pines, Bastrop

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Join TTLA for our biggest event of the year, complete with 2 days of CLE programs, parties, receptions, committee meetings, Board of Directors meeting and our annual awards luncheon. Nestled in the tranquil Central Texas countryside, this year's Annual Conference also offers family-friendly activities, a golf tournament, tennis tournament and more! Click on the headline to learn more!  

 

Why I'm a member of TTLA...

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VIDEO: "TTLA does the work that it would take me a team of people to do." TTLA Member Shalimar Wallis of San Antonio. Click on the headline to watch the video.  

 

"1K Pays Your Way" TTLA Annual Conference

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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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NJ Suit Seeks to Hold Texter Liable for Causing Driver to Lose Control

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A husband and wife injured by a texting teenaged driver in 2009 are trying to break new legal ground by suing the person with whom he was exchanging messages right before the crash. David and Linda Kubert claim that because Kyle Best was answering a text from Shannon Colonna at the time, Colonna was "electronically present" in Best's pickup truck when it crossed the yellow line and hit them on their motorcycle, causing each of them to lose a leg. They also claim she knew or should have known Best was driving. In fact, she essentially admitted as much during her deposition, testifying she "may have known."  Mary Pat Gallagher, New Jersey Law Journal, The National Law Journal - $$ Subscription Required  05/18/2012

Read Article: The National Law Journal - $$ Subscription Required($)    

 

Coach's Wife Files Defamation Suit Against ESPN

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The wife of former Syracuse University assistant basketball coach Bernie Fine has filed a defamation lawsuit against ESPN over on-air “attacks" against her and her husband. The suit accuses ESPN of recklessness and lies in their reporting of the child molestation allegations against her husband.  Jeff DiVeronica, Rochester Democrat & Chronicle  05/16/2012

Read Article: Rochester Democrat & Chronicle    

 

Issues

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Angered Homeowners Seek Retribution

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Residents of Stablewood Farms say no one ever told them that their new homes were built on top of an old sewage treatment plant. Now some homeowners are asking their builder to buy back their homes. Their issues include rashes, asthma and other respiratory problems as well as gas smells and structural problems such as shifting foundations. While frustrating to the homeowners, the results of their buyback campaign are pretty typical in Texas, where homeowners in contentious disputes with their builders face a long uphill battle with few recourse options. Homeowner-builder disputes end up in court — or more likely in binding arbitration. Arbitration agreements have become common across all consumer law and are standard in almost all new-home sales contracts. Such agreements keep consumer disputes out of the courts and away from the public eye.  Jennifer Hiller, San Antonio Express News  05/18/2012

Read Article: San Antonio Express News    

 

Labor/Employment

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Employee Wrongly Fired by Time Warner, Suit Says

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A Brooklyn man has filed a lawsuit against Time Warner Entertainment, claiming he was fired after complaining to supervisors about co-workers' behaviors. In early 2011, the plaintiff said he complained to human resources about an employee watching pornography at work, saying it offended him because of his Christian religion.  Barbara Ross , New York Daily News  05/17/2012

Read Article: New York Daily News    

 

Wrongful Death

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Suit: USC Not as Safe as Advertised

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The murder of two Chinese graduate students at the University of Southern California has prompted a lawsuit from the parents of the victims against the school. In the suit, the parents accuse the school of falsely claiming to rank among the "safest U.S. universities and colleges." The suit says the university has created a misleading feeling of safety around campus that in actuality cannot be promised.  Richard Winton, LA Times  05/18/2012

Read Article: LA Times    

 

Man Suffocates at Mental Care Home, Suit Filed

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A lawsuit has been filed against a community care home in Tunkhannock, Penn., over the death of a 48-year-old patient at the facility. The mentally ill man - who had a history of stuffing larger amounts of food in his mouth - suffocated on four donuts in September 2010. The suit claims the staff knew the victim's unsafe habits, but did nothing to protect him or keep him away from areas with food unsupervised.  Michael R. Sisak, The Scranton Time-Tribune  05/18/2012

Read Article: The Scranton Time-Tribune    


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