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May 23, 2018

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23
May
Handling the Traumatic Servicemembers' Group Life Insurance Claim
31
May
Finding the Hidden Motor Carrier and Other Liable Defendants in a Trucking Case
13
Jun
Anatomy of a Medical Negligence Case
19
Jun
Identifying Employment Law Claims Within Personal Injury Cases
Texas Tribune Daily Brief

The Brief for May 23
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In today's Brief: Lupe Valdez has made history, both Texas House incumbents on the ballot lost, and the establishment had another good night.
Cassi Pollock , Texas Tribune 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Warning: Your Medical Identity May Not Be Safe
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The threat of medical identity theft is on the rise as the health-care industry grapples with a growing rash of data breaches. Take the example of Commonwealth Health Corp., which reported the theft of 698,000 patient records in March 2017. The Bowling Green, Ky.-based health system was the largest health-care related breach in 2017, and the theft exposed health insurance information, addresses, and Social Security numbers that could be used to steal a patient's identity and even access their medical care. There's no way to trace a specific case of medical ID theft back to a specific data breach, but providers are under pressure to secure patient data and prevent it from getting into the wrong hands. Patients can receive the wrong treatment and be physically harmed as a result of ID theft, and health-care providers can face steep fines and reputational damage for any failures to secure medical records.
James Swann, Bloomberg 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg


Laws/Cases

Former NFL Player Blames Management, Union for Lack of Access to Injury Benefits
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The NFL's management council and a players' union have been accused in a lawsuit of denying players crucial information on how to request disability benefits. The lawsuit was filed by a former professional football player who alleges he and others were not given information on how to obtain benefits for serious head injuries. The complaint was filed by Christopher Hudson on May 21 in the U.S. District Court for the Southern District of New York. Named as defendants in the lawsuit are the NFL Management Council, the NFL Players Association, and the Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan.
Carmen Castro-Pagan, Bloomberg 05/22/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg

Olympian Sues U.S.A. Swimming Over Coach's Abuse
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U.S.A. Swimming is facing a lawsuit by an Olympic swimmer who alleges she was groomed and sexually abused by her coach. The lawsuit was filed by Ariana Kukors Smith in the California Superior Court in Orange County and alleges that coach Sean Hutchison sexually abused her for years. According to the lawsuit, the coach began grooming the plaintiff when she was 13 years old and was abusing her by the time she was 16. The plaintiff alleges in her complaint that U.S.A. Swimming was alerted to the relationship back in 2010 but failed to do anything to stop it.
Maya Salam, The New York Times 05/21/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

TX Court Dismisses Bridal Shop's Claim
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An Ohio-based bridal shop that says it went out of business because a local hospital chain was negligent in handling a 2014 Ebola incident plans to seek a review by the state's highest civil court.The decision comes after a North Texas appellate court issued an opinion last week dismissing a lawsuit from Coming Attractions Bridal & Formal of Akron. The court said the dress shop failed to provide the expert testimony needed to support claims filed two years ago against Texas Health Resources.
Sabriya Rice, The Dallas Morning News 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Fort Bend County Pursues Lawsuit Against Army Corps of Engineers' Operation of Barker Reservoir
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Fort Bend County commissioners voted Tuesday to pursue a lawsuit against the U.S. Army Corps of Engineers' operation of the Barker Reservoir during Hurricane Harvey, according to a news release from the county judge's office. The county and the Fort Bend County Drainage District are seeking a declaratory judgement from a federal district judge in relation to the way the Barker Reservoir was handled by the Corps during the hurricane.
Brooke A. Lewis, Houston Chronicle 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Lawsuit: TX GOP Judge Fired Secretary for Anti-Trump Facebook Posts
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A federal lawsuit claims that a 14-year secretary was illegally fired last year because her boss, a Republican judge on the state's highest criminal court, disapproved of her Facebook posts disparaging President Donald Trump and other GOP politicians. Olga Zuniga argued that her Facebook activity, which included support for Democrats, was done in her role as a private citizen, that she had no public role with the Court of Criminal Appeals, and that the firing violated her free-speech rights. Zuniga sued her former boss, Judge Kevin Yeary, for whom she worked after his election to the court in 2014 until he fired her last October after searching for her Facebook profile and finding comments on politicians and political issues that were different than his, the lawsuit said.
Chuck Lindell, Austin American-Statesman 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman

Workers File Lawsuit After Suffering Injuries in Pasadena Plant Explosion
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Some of the 21 workers injured after a chemical plant caught on fire Saturday morning in Pasadena are suing Kuraray America. Tuesday morning the attorney said 11 victims were sub-contractors with Turner Industries and were on scaffolds when the fire happened. Our clients were on scaffolding and some of them fell off, or got stuck on it, some of them have burns, one of my clients she got burns on her hands and also suffered a significant fall about 15-20 feet from the scaffold," he said.
Sophia Beausoleil, Click2Houston 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Click2Houston

Okla. Judge Greenlights Class Action In Fracking Quake Suit
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An Oklahoma state judge on Friday certified a class action accusing an oil and gas company of contributing to earthquakes near a city in the state through its use of hydraulic fracturing wastewater disposal wells, one of several suits lodged against drillers over links between fracking and increased earthquake activity in the state.
Keith Goldberg , Law360 ($) 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Dallas Litigator Sues FindLaw Over 'Cookie Cutter' Firm Website
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A Dallas attorney has lodged a fraud suit against the online legal marketing company FindLaw, alleging he was duped into thinking they would create a unique website for his new law firm but instead provided one that was cookie cutter and =unimaginative.
John Council, Texas Lawyer ($) 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Lawyer ($)



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