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May 21, 2018

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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
Legitimate Proof to Win a Brain Injury Case
13
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Anatomy of a Medical Negligence Case
14
Jun
How to Prove Chronic Pain
19
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Identifying Employment Law Claims Within Personal Injury Cases
Texas Tribune Daily Brief

The Brief for May 21
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In today's Brief: Aftermath of Friday's deadly shooting at a southeast Texas high school, and some last-minute scene setters for a handful of May 22 runoffs.
Cassi Pollock , Texas Tribune 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Frustration in West After EPA Does Away with Chemical Plant Rules
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Five years after the fatal explosion of the West Fertilizer plant exposed wide gaps in oversight of chemical facilities, it appears the disaster won't result in significant federal reforms or regulatory overhaul.The Environmental Protection Agency has announced proposed rules that will not include many of the Obama administration regulations the agency had proposed in the wake of the explosion, which would have required =user-friendly information sharing with the public on chemical risks and accidents; the hiring of independent auditors to ensure companies conduct proper risk management planning; and the evaluation of safer technology and alternatives.
Jeremy Schwartz and Asher Price, Austin American-Statesman 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman


Laws/Cases

Frisco Hospice Exec Admits Overdosing Patients
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The former executive of a Frisco hospice admitted Thursday to overdosing patients to "hasten their deaths" so the company could make more money, court records show. Melanie Murphey, 36, admitted serving as the "go-between" for Novus Health Services owner Bradley Harris, doctors and nurses in an alleged $60 million scheme .Murphey, Novus' director of operations, pleaded guilty to health care fraud and is expected to testify against 15 others in the case, including Harris and his wife, Amy. The other defendants have pleaded not guilty.
Jennifer Emily, The Dallas Morning News 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Supreme Court Backs Employers Over Workers in First of Two Major Labor Cases
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The Supreme Court dealt an initial blow to millions of workers Monday in the first of two major disputes this term pitting corporations against labor unions.In a 5-4 decision controlled by the court's conservative wing, the justices ruled that employers have the right to insist that labor disputes get resolved individually, rather than allowing workers to join together in class action lawsuits. Millions of workers routinely sign such arbitration agreements unknowingly, only to find out later that they are barred from collective action. About 25 million workers are affected by those contracts.
Richard Wolf, USA Today 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

Worker Files Lawsuit Against Pasadena Industrial Plant After Fiery Explosion
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After a fiery explosion at a Pasadena plastics plant injured 21 people, attorneys for a badly burned worker filed a $1 million lawsuit against Kuraray American Eval, accusing the multi-national company of gross negligence, failure to read safety policies and neglecting to create safety guidelines. Workers doing welding and pipefitting work caused the explosion just after 10 a.m. Saturday, the suit alleges. As a team tinkered on an insulation tower, a safety release valve failed and caused an over-pressurization in the piping, which sparked the explosion and sent a fireball into the sky. Eduardo Rodriguez was working on top of a scaffold at the time. He ended up badly burned and was forced to jump 25 feet down to the ground, the suit alleges.
Keri Blakinger, Houston Chronicle 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Former Basketball Player Awarded $5.8M in Brain Injury Lawsuit
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A former high school basketball player in South Carolina who suffered two sports-related concussions while competing for First Baptist School of Charleston was awarded a $5.87 million settlement on Friday despite the fact that First Baptist put him through the state's concussion protocol. As reported by the Charleston Post and Courier, a jury found in favor of former First Baptist athlete Brett Baker-Goins in a case where Baker-Goins accused his now-former school of rushing him back on to the court, where he suffered a second concussion that led to permanent brain damage that has continued to stunt his development.
Cam Smith, USA Today 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

Christus Mother Frances Fielded More than 200 Calls to Tip Line
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In the month since an East Texas nurse was arrested and charged with murder related to a patient's death, the hospital tip line established in the wake of the scandal has received more than 200 calls. Christus Mother Frances Hospital - Tyler set up the tip line after news broke April 10 that William George Davis, a nurse at the Louis and Peaches Owen Heart Hospital, had been arrested and charged with murder related to the August death of Christopher Greenaway, 47, who was recovering from a heart procedure at the hospital. Davis also is suspected of injuring at least six other patients, one of whom died, according to an arrest affidavit in the case. The incidents date back to June 22, with the most recent occurring Jan. 25. In the weeks after Davis' arrest, several law firms indicated they would be pursuing legal action related to the case.
LouAnna Campbell, Tyler Morning Telegraph 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Tyler Morning Telegraph


Wrongful Death

Lawsuit Filed Over Hurricane Harvey Electrocution Death
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A wrongful death lawsuit has been filed over the electrocution death of a Texas man during Hurricane Harvey. The lawsuit was filed by the family of the man who was killed while trying to retrieve his sister's cat during the storm. Named as defendant in the lawsuit is CenterPoint Energy, as well as an electrical company that installed the light fixture and wiring that shorted out. The lawsuit alleges that CenterPoint failed to turn off the power to an area it knew was flooding.
Deborah Wrigley, KTRK-TV 05/16/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: KTRK-TV

Deputies Dismissed From Lawsuit Over Student Suicide
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A lawsuit against the Tuscaloosa Sheriff's Office and the University of Alabama over the suicide death of a young woman has been dismissed. The University of Alabama student killed herself after alleging that she was raped by a prominent man from Tuscaloosa. Her family filed the July 2017 lawsuit against the woman's alleged rapist, two university employees, the Tuscaloosa County sheriff, a sheriff's deputy, and a sheriff's office investigator. The only claims remaining in the lawsuit are those against the woman's alleged rapist. Claims against the other defendants have been dismissed.
Ivana Hrynkiw, AL.com 05/18/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: AL.com



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