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May 22, 2017

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May
The Essentials of a Flood Claim: You Too Can Learn How to Handle a Flood Insurance Claim
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Jun
Maximizing the Value of M.I.S.T. Cases
7
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Understanding the Fair Debt Collection Practices Act
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What's Going On? eDiscovery and FRCP Amendment Implementation--Practice and Precedent
21
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Litigating Elder Abuse/Neglect in Assisted Living Facilities
Announcements

TTLA Midyear Conference: Have You Registered?
Join TTLA June 7-9, 2017 at the Omni Austin Hotel Downtown for the 2017 Midyear Conference and CLE Seminar. Network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn up to 10 hours of MCLE credit! Click on the headline to register.

Issues

Students Sexually Abused at School Face Lengthy Legal Fights
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When children sexually assault other children at school, sometimes the only measure of justice comes through the courts. The barriers are formidable, and can lead to long, grueling fights: Public schools in many states enjoy powerful shields, including caps on damages if they lose a lawsuit and high legal hurdles to prove misconduct. And a handful of states offer schools complete immunity from lawsuits in state court. But the incentives for families are powerful, too ' protecting their children, winning reforms and sparing others the nightmare of sexual assault.
MICHELLE R. SMITH, Associated Press, Yahoo News 05/22/2017 FacebookTwitterLinkedin
Read Article: Yahoo News


Laws/Cases

High Court Limits Where Patent Suits Can Be Filed
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The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. In an 8-0 decision, the Supreme Court reversed a Federal Circuit rule that effectively allowed a patent holder to file suit anywhere a defendant makes sales.
Matthew Bultman, Law360 ($) 05/22/2017 FacebookTwitterLinkedin
Read Article: Law360 ($)

AG Alleges Lawyer Used Deceptive Practices in Debt Collection
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Samara Portfolio Management sues consumers for often forgotten debts, targeting people who live far from the Harris County court where it cases and obtaining default judgments when they don't appear in court to defend themselves. A case is scheduled to go to trial Monday in state district court and will focus the business tried to gain "unfair advantage" over consumers living outside of Harris County and violated state consumer protection laws that require debt collection lawsuits to be filed in either the county where the person lives or the loan documents were signed. Many of these cases would be dismissed if consumers were able to get to the court to challenge the venue or raise other issues, such as whether the debt exceeds the state's four-year statute of limitations, consumer lawyers said.
L.M. Sixel, Houston Chronicle 05/22/2017 FacebookTwitterLinkedin
Read Article: Houston Chronicle

Riddell Helmet Concussion Claims Poised To Move Forward
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After more than five years of the NFL concussion litigation, claims against football helmet maker Riddell may finally be moving forward after an order Thursday by the Pennsylvania federal court judge who has been overseeing the litigation. U.S. District Judge Anita Brody issued a scheduling order laying out the path to begin litigating claims against the Riddell Inc. and its related defendants from a total of 95 personal injury suits going back to 2012 that have been pulled into the multidistrict NFL concussion litigation.
Zachary Zagger, Law360 ($) 05/22/2017 FacebookTwitterLinkedin
Read Article: Law360 ($)

Fla. Jury Adds $1.3M Punitives To Smoker's Engle Trial Win
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A Florida jury on Friday awarded a woman who developed lung cancer after smoking Philip Morris cigarettes $1.3 million in punitive damages, doubling down on its $1.1 million actual damages verdict in the case. After only roughly two hours of deliberations following a single-day second-phase punitive damages trial in Miami, the jury returned on Friday evening and awarded plaintiff Linda Martin $1.3 million in punitive damages.
Daniel Siegal, Law360 ($) 05/22/2017 FacebookTwitterLinkedin
Read Article: Law360 ($)

Texas Doctor Must Face Suit Over Patient Blindness
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A Texas appeals court on Thursday declined to dismiss a medical negligence suit that accuses a doctor of failing to diagnose a brain clot that led to a woman's blindness, saying that it had already ruled the expert report the doctor was objecting to was filed on time. The Texas Court of Appeals for the First District turned back an appeal from Dr. Kenneth A. Totz, who sought to dismiss Telicia Owens' medical negligence suit.
Abraham Moussako, Law360 ($) 05/22/2017 FacebookTwitterLinkedin
Read Article: Law360 ($)

Texas High Court Says Gas Co. Noise Suit Brought Too Late
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The Texas Supreme Court on Friday dashed a Texas town's efforts to sue several energy companies operating natural gas compressor stations over the damaging effects of noise and pollution, overturning an appellate court's decision in ruling that the statute of limitations had run out. Dish, Texas, which was featured in the HBO documentary Gasland for the impact that the gas industry had on the town, did not file its suit within the two years required under the statute of limitations, the state's highest court found.
Emma Cueto, Law360 ($) 05/22/2017 FacebookTwitterLinkedin
Read Article: Law360 ($)


Wrongful Death

Virginia Nursing Home Faces Third Lawsuit in Five Months
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A Virginia nursing home is facing a lawsuit by the family of a 73-year-old woman who died at the facility after developing a bedsore. The woman's family alleges in the lawsuit that staff at the home failed to properly monitor the woman, leading to her death. The recent complaint is the third lawsuit filed against Carrington Place in Chesapeake in the last five months. The lawsuit was filed this month in Circuit Court and alleges that "the nursing home didn't manage Shealey's pain for her broken femur and didn't reposition her to prevent the bedsore from growing."
Margaret Matray, Virginian Pilot 05/19/2017 FacebookTwitterLinkedin
Read Article: Virginian Pilot



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