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May 29, 2018

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Finding the Hidden Motor Carrier and Other Liable Defendants in a Trucking Case
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Anatomy of a Medical Negligence Case
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Identifying Employment Law Claims Within Personal Injury Cases
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Laws/Cases

$30M For Family of Child Who Suffered Brain Injury at Daycare
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A jury has awarded $30 million to the family of a child who suffered a traumatic brain injury at an Alabama daycare. The family filed suit against the Perfect Place Christian Center after their child was crushed by a TV that fell from a dresser at the daycare. According to the complaint, the child suffered permanent brain damage from a fractured skull and intracranial bleeding. Last year, Jefferson County Circuit Judge Jim Hughey III held the daycare responsible for the incident, but ordered a jury trial to determine damages.
Ivana Hrynkiw, AL.com 05/19/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: AL.com

Lawsuit: United Refused to Land Plane For Man Suffering Pancreatitis
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United Airlines is facing a lawsuit alleging that it refused to land a plane for a passenger suffering acute pancreatitis on an international flight. The plaintiff alleges that he was in severe pain during the flight from Chicago to Rome, but the flight staff refused to land the plane so he could seek medical attention. Following the flight, the man was taken to the hospital in Rome, where he did receive treatment. Upon returning to the U.S., the man stayed in the hospital for months and then had surgery. The lawsuit was filed May 17 in an Illinois state court.
Christie Smythe, Chicago Tribune 05/25/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune

Lawsuit: Suspected Santa Fe Gunman's Parents Also to Blame for School Massacre
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A lawsuit filed Thursday accuses the parents of the suspected Santa Fe High School gunman of negligence for failing to properly secure their guns and keep them out of their son's hands. The suit, filed in a Galveston County court by Christopher Stone and Rosie Yanas, the parents of Christopher Jake Stone,seeks more than $1 million in damages. It alleges that Antonios Pagourtzis and Rose Marie Kosmetatos were negligent by permitting their son to access their weapons and ammunition, failing to obtain mental health counseling and services for their son, failing to properly warn the public of the teen's "dangerous propensities," and entrusting their weapons to him.
Claire Z. Cardona, The Dallas Morning News 05/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Exonerated Judge Sues Former Collin County DA, Former AG Abbott and Prosecutors
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Exonerated judge sues former Collin County DA, former AG Abbott and prosecutors over alleged 'sham investigation' The federal civil suit filed Wednesday by Suzanne H. Wooten is the latest move in a years-long dispute mired in politics, improprieties and legal maneuverings. Wooten claims not only that her constitutional rights were violated but also that the charges against her were part of a larger "pattern of abuse of power and malicious prosecution for political gain" plaguing the Collin County district attorney's office at that time.
Valerie Wigglesworth, The Dallas Morning News 05/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Father of Boy Civil Jury Says was Sexually Assaulted Worries Teacher Who did it is Still Near Kids
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A Dallas civil jury found a teacher sexually assaulted an 11-year-old boy with autism. Now the child's father is raising concerns about whether the teacher is still around children at the same school. His son had attended Anderson Private School in Parker County for six weeks when, the civil jury found, Alexander Anderson, now 31, sexually assaulted the boy on an Oct. 31, 2014 field trip to Ripley's Believe It or Not! in Grand Prairie. The teacher, Alexander Anderson, lives with his parents in a nearby home that shares the same address as the school. The father of the boy is afraid that Anderson may still have "access to kids," he said in an interview with The Dallas Morning News. The civil jury awarded the boy and his father more than $8 million in December after finding Anderson committed sexual assault and assault against the boy and after finding that Anderson's parents had defamed the child's father during a police investigation into the incident.
Jennifer Emily, The Dallas Morning News 05/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Austin Will Pay $425K to Settle Breaion King Lawsuit
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Austin, TX will pay $425,000 to an African-American schoolteacher whose violent arrest in 2015 sparked nationwide outrage. City Council members Thursday unanimously approved an agreement with Breaion King to settle a lawsuit she filed against the city. Video that surfaced in 2016 as a result of an American-Statesman investigation showed an Austin police officer throwing King to the ground twice during a traffic stop for speeding. In the video, a second officer tells King police are wary of blacks because of their violent tendencies. King's case was set for trial in August, but lawyers for her and the city told the judge earlier this month that they had reached a settlement.
Elizabeth Findell , Austin American-Statesman 05/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman

CA Jury Recommends $25M in J&J Baby Powder Lawsuit
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A California jury delivered a $25.7 million verdict against Johnson & Johnson in a lawsuit brought by a woman who claimed she developed cancer by using the company's talc-based baby powder. Jurors in Los Angeles recommended $4 million in punitive damages Thursday after finding the company acted with malice, oppression or fraud. A day earlier, the panel called for $21.7 million in compensatory damages for plaintiff Joanne Anderson, who suffers from mesothelioma, a lung cancer linked to asbestos exposure. Johnson & Johnson was assigned 67% of the compensation payout, with the rest distributed among other defendants.
Christopher Weber, The Associated Press, USA Today 05/29/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Class Action

Tesla Settles Lawsuit Over Autopilot System
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Tesla has settled a class action lawsuit over an autopilot system in some of its cars. The lawsuit was filed by buyers of Tesla's Model S and Model X cars who allege the assisted-driving Autopilot system was =essentially unusable and demonstrably dangerous. The settlement of the lawsuit was announced in a filing in San Jose federal court late Thursday, but still requires final approval by U.S. District Judge Beth Labson Freeman. As part of the settlement, Tesla will place more than $5 million into a settlement fund, which will also cover attorney costs and other fees.
Tina Bellon, Reuters 05/25/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters

Millions of Illinois Residents May Be Involved in Facebook Facial Tagging Lawsuit
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Millions of Facebook users in Illinois are beginning to be notified that they may be involved in a lawsuit over the social media site's facial tagging system. On Monday, a court-appointed administrator sent emails to people who have resided in the state for at least 60 consecutive days between June 7, 2011, and mid-April of this year. The lawsuit filed against Facebook alleges that the company violated Illinois' Biometric Information Privacy Act by failing to obtain written consent from users before creating templates of their faces from photos. Additionally, the lawsuit contends that Facebook did not properly inform users about how this information would be used or how long it would be kept. Facebook is also notifying users that they may be involved in the lawsuit.
Ally Marotti, Chicago Tribune 05/28/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune


Products

Spam Recalled After Multiple Consumer Injuries by Metal in Food
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Nearly a quarter-million pounds of Spam and another meat product have been recalled after reports of several people suffering oral injuries because of metal present in the food. Included in the recall are nearly 4,000 cases of Spam Classic sold throughout the United States and more than 2,600 cases of Black Label Luncheon Loaf sold in Guam. Federal officials say that the recall was initiated after several people were injured by metal objects in the food. The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) was notified about the consumer complaints on Friday.
Paul Walsh, Star Tribune-South Metro 05/28/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Tribune-South Metro


Wrongful Death

Parkland Families File Suit Against Maker and Seller of Weapon Used in Shooting
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The families of two victims of the Marjory Stoneman Douglas shooting in Florida have filed a lawsuit against the maker and seller of the weapon used in the violent incident. The lawsuit was filed by the families on Wednesday and names as defendants American Outdoor Brands, formerly known as Smith & Wesson, and Sunrise Tactical Supply. The complaint was filed in Broward Circuit Court and "[seeks] to hold defendants legally responsible for their complicity in the entirely foreseeable, deadly use of the assault-style weapons that they place on the market."
Rafael Olmeda, South Florida Sun-Sentinel 05/23/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: South Florida Sun-Sentinel



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