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May 2, 2018

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Member Central

Upcoming Online CLE
10
May
The Psychology of the Courtroom
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
Announcements

Building on the Best: Buy One Track, Get One Track FREE
Join TTLA May 17-19, 2018 at the Marriott Marquis Houston for the 2018 Midyear Conference and CLE Seminar. network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn MCLE credit! Click on the headline to learn more and register.

Issues

Baylor Launches Review of Company’s Cervical Cancer Screening
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Baylor College of Medicine has launched a full review into the diagnostic accuracy of pap smears it sends to Clinical Pathology Laboratories Inc. in Austin that missed signs of malignancies in more than 200 Irish women later found to have cervical cancer. Baylor’s review follows one announced Monday by the Irish government. The inaccurate readings became public last week when court proceedings showed that CPL reached a $3 million settlement with a 43-year-old terminally ill Irish woman, Vicky Phelan, diagnosed with cervical cancer in 2014. A review found that a 2011 pap smear that CPL reported as negative actually strongly indicated the presence of cancer.
Todd Ackerman, Houston Chronicle 05/02/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Laws/Cases

Collegiate Athlete Alleges He Was Pressured to Play Despite Injuries
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Former TCU wide receiver Kolby Listenbee alleges in a lawsuit that coaches continually harassed, humiliated, pressured and threatened him after he was injured. The lawsuit alleges former offensive coordinator Doug Meacham and other coaches worked to force Listenbee to return to play quickly. The lawsuit seeks damages in excess of $1 million. The school's football department has been accused of a pattern of verbal abuse and a pressure to play despite serious injuries in a number of complaints by other athletes.
Peter Dawson, Ft. Worth Star Telegram 04/25/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Ft. Worth Star Telegram

Father of Parkland Shooting Victim Files Wrongful Death Lawsuit
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The father of a student killed during the Parkland, Florida high school mass shooting filed on Monday a wrongful death lawsuit against a former deputy sheriff who he accused of failing in his duty to confront the shooter, calling him a "coward." Andrew Pollack filed the lawsuit in a Broward County court on behalf of his late daughter Meadow, who was one of 17 people killed on Feb. 14 by Nikolas Cruz, a former student who opened fire inside Marjory Stoneman Douglas High School in Parkland, Florida, according to a court document. The lawsuit accuses former Broward Sheriff Deputy Scot Peterson, who was an armed resource officer at the school, of failing in his duty to enter the building during the shooting.
Reuters, The New York Times 05/02/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Class Action

Barnes & Noble Continues Facing Class Action Data Breach Lawsuit
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Book store chain Barnes & Noble is continuing to fight a class action data breach lawsuit filed over the release of customer information back in 2012. Customer credit card information was stolen from sixty-three stores across the country during the breach. The class action lawsuit seeking to recover damages for customers affected by the data breach was dismissed three times over the last six years. However, the most recent dismissal was recently reversed by the 7th U.S. Circuit Court of Appeals in Chicago.
Ellen Duffer, Forbes 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Forbes


Wrongful Death

Family of Cyclist Files Wrongful Death Suit Against Hit-and-Run Driver
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A Texas hit-and-run driver is facing a lawsuit by the family of a cyclist who was killed in the collision. Last month, the driver was released from jail, less than three weeks after he was sentenced to two years in prison on a manslaughter charge. The family of the cyclist has filed suit against the driver accusing him of wrongful death. The cyclist was biking near Georgetown, Texas when he was fatally struck by the driver.
Kate Winkle, KXAN Austin News 05/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: KXAN Austin News

New Mexico Supreme Court Rules in Construction Worker Death Lawsuit
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The New Mexico Supreme Court has ruled in a lawsuit over the death of a construction worker killed in a job site accident. The wrongful death complaint was filed by the family of a worker who was killed on the job. The high court ruled that the plaintiffs could not challenge a previous court ruling that awarded damages to individual family members but nothing to the ironworker’s estate. The decision reversed an appellate court ruling which granted a new trial on the issue of damages to the estate.
Staff Report, Las Cruces Sun-News 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Las Cruces Sun-News



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