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May 7, 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: Will we see you in Houston?
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.

Texas Tribune Daily Brief

The Brief for May 7
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In today’s Brief: A look back at the NRA's meeting in Dallas, some unsettled legal questions about the state’s charter schools, and the special election race for a Texas House seat is headed to a runoff.
Cassi Pollock, Texas Tribune 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Another Self-Driving Car Crashes in AZ
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Another self-driving vehicle has been involved in a crash. It's the second such wreck in less than two months. On Friday night, Waymo released video of the moments before the crash. This time it was a Waymo car. Waymo released video Friday evening of the moments leading up to the crash. It shows a car veering out of its lane and coming directly toward the Waymo car.
Catherine Holland, Arizona Daily Star 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Arizona Daily Star


Laws/Cases

Missouri Railroad Worker Awarded $5 Million by Jury
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A Missouri man injured while working for BNSF Railway Co. has been awarded more than $5 million. After a weeklong trial in the Greene County Circuit Court, jurors decided to award the large sum to the plaintiff, who injured his shoulder and back in a fall. As alleged in the lawsuit, BNSF was responsible for the rail car ladder that broke while the plaintiff was climbing down, causing him to undergo back and shoulder surgery. A surgeon testified in the case that the plaintiff will require several spine infusions in the future as a result of his injuries and will no longer be able to return to work.
Brooke Crum, News-Leader 04/30/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: News-Leader

Irish Travellers Killed Her for Insurance Money, But Jury Finds Relatives Also Involved
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Since early on, Al Fox III believed that his older sister and brother-in-law were behind the 2014 murder of his mother, Anita Fox. And though Mark and Virginia Buckland were not charged criminally in the high-profile case involving the Irish Travellers, Al Fox waged war against them in the civil courts. The Bucklands had taken out multiple life insurance polices worth more than $4 million on Anita Fox and had filed lawsuits to try to force insurance companies to pay up. On Thursday, a civil jury unanimously agreed that the Bucklands willfully =E2=80=94 and with malice =E2=80=94 were part of a conspiracy that led to the murder of Anita Fox. The jury also awarded Anita Fox’s estate =E2=80=94 of which Al Fox is the executor =E2=80=94 more than $166 million in exemplary damages and for the pain and mental anguish caused to Anita Fox in the last few minutes of her life.
Deanna Boyd, Star Telegram 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Telegram

San Diego Jury Awards $18M to Fired Allstate Employee
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A former Allstate Insurance Co. employee who was fired following an arrest has been awarded more than $18 million in damages. The San Diego Union-Tribune reports a San Diego jury awarded 55-year-old Michael Tilkey about $2.6 million in actual damages and nearly $16 million in punitive damages in his in wrongful termination lawsuit. Tilkey was fired by Allstate in 2016 after he was arrested in Arizona the prior year following an argument he had with his then-girlfriend. Charges against him were later dismissed.
Associated Press, The New York Times 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Lawsuit Accuses U.S. Olympic Committee, USA Taekwondo of Sex Trafficking in Abuse Case
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Four female athletes have accused the U.S. Olympic Committee and USA Taekwondo of engaging in sex trafficking by forcing athletes to train and travel with known sexual predators, according to a federal lawsuit filed Friday. Heidi GIlbert, Amber Means, Mandy Meloon and Gabriela Joslin claim USOC and USA Taekwondo continued for years to expose hundreds of young female athletes to adult predators despite being warned about sexual misconduct. They accuse the organizations of negligence, defamation, obstruction, benefiting from a sex trafficking venture and other allegations, court records state.
Marisa Kwiatkowski, Indianapolis Star 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Indianapolis Star

Lawyer Wins Nearly $1 Million Verdict Against Sitting Judge
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An Austin attorney convinced a Bastrop County jury last week that Justice of the Peace Donna Thomson intentionally violated the Deceptive Trades Practices Act when she sold his client a house without disclosing that she still had a mortgage on the property, hitting the judge with nearly $1 million in damages.
John Council, Texas Lawyer ($) 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Lawyer ($)

Contractor Dodges $17M Verdict Over Worker's Death
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A Texas appeals court on Thursday struck down a $17 million award in favor of the family of a steel worker who drowned while working on a bridge project associated with Baylor University’s football stadium, saying the project’s contractor is protected from the lawsuit by an insurance program established by the school. A three-judge First Court of Appeals panel sided with Austin Bridge & Road LP, saying Baylor’s owner-controlled insurance program covering ABR and others barred the negligence claims by the family of Jose Dario Suarez.
Matthew Guarnaccia , Law360 ($) 05/07/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Wrongful Death

Father of Parkland Victim Files Suit Against School Officer
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The father of a victim of the mass shooting at a Parkland, Florida high school has filed a wrongful death lawsuit against the former deputy sheriff on duty at the time of the shooting. The lawsuit was filed in Broward County court on behalf of the plaintiff's daughter, who was killed, along with 17 others by shooter Nikolas Cruz. The lawsuit states that the armed resource officer, Broward Sheriff Deputy Scot Peterson, failed in his duty to enter the school during the shooting and instead hid outside. Also named as defendants in the lawsuit are the estate of Cruz’s late mother, a Parkland couple who housed Cruz, and three mental health centers that evaluated and treated Cruz.
Brendan O'Brien, Reuters 05/01/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters



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