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  November 8, 2013

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Upcoming Online CLE

13
Nov

Search, Discover, Impeach. Maximizing Your Membership at TrialSmith.com

14
Nov

Handling a UM/UIM Case

20
Nov

Suing Governmental Entities – Issues in Civil Rights Litigation

21
Nov

Double-Header for Doctors & Trial Lawyers: Part II - Examining Doctors Webinar: Some Forensic Do's & Don'ts

Announcements


 

 

Annual Meeting & Advanced PI CLE December 5-6, Four Seasons, Austin

TTLA's top PI speakers will provide the latest tips and tools to enhance your practice, and this year's Annual Membership & Board Meeting will be the best opportunity to voice your opinion on some very important issues to be discussed. Keynote speaker at President's Luncheon: Evan Smith. Holiday Party features Joe Ely. Click on the headline to learn more & register.  

 

Laws/Cases


 

 

Second Strip Search Lawsuit Against IL Sheriffs

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Another lawsuit has been filed against the LaSalle County Sheriff's Department in Illinois over the alleged stripping of several detainees. The lawsuit was filed on behalf of three women and one man who were either "forcibly stripped or made to take their clothes off and then made to stay in cells without bathrooms for several hours." The suit also claims one woman, who is a diabetic, was denied food that she required because of her medical condition. According to Illinois law, officers are only allowed to strip search a person when there is "reasonable belief" that they may be concealing a weapon or other substance. The search must be done by an officer of the same sex and cannot be observed by others.
Michelle Manchir, Chicago Tribune 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Sexual Harassment of Middle School Girls in Oregon Leads to Lawsuit

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A federal lawsuit was filed last month over the alleged sexual harassment and discrimination against several girls who formerly attended a middle school in Clatskanie, Oregon. The plaintiffs in the $5 million lawsuit claim that they were the victims of sexual harassment and discrimination and that the events were condoned by teachers at the school. Among the allegations are claims of 12 and 13-year-old girls being slapped and touched inappropriately, as well as being coerced by male students into sending naked cell phone photos of themselves which were collected and traded.
Helen Jung, The Oregonian 11/07/2013   Facebook iconTwitter iconLinkedIn Icon

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Texas Farmer Wins Entry of Default in Keystone Pipeline

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A Texas farmer has won an entry of default against the U.S. Army Corps of Engineers, which failed to respond to a federal lawsuit claiming it illegally granted environmental permits to TransCanada Corp. Keystone XL pipeline. Michael Bishop, a farmer in Douglass, about 150 miles northeast of Houston, said he will ask U.S. Magistrate Judge Keith Giblin, in Lufkin, Texas, to invalidate the pipeline’s permits and order the Army Corps to conduct public hearings that it skipped before issuing water-crossing permits to Keystone, which will transport Canadian tar-sands crude to refineries on the Texas Gulf coast.
Laurel Calkins, Bloomberg 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Priest Facing Abuse Lawsuit has 10 victims, Attorney Says

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A Catholic priest known by the Archdiocese of St. Paul and Minneapolis for sexual misconduct was sued Thursday — the first of what attorneys say will be multiple lawsuits against him and the archdiocese. The Rev. Jerome C. Kern was accused in a lawsuit of “sexual battery†involving an Edina boy from 1972 to 1976. Kern had been transferred to our Our Lady of Grace Church in Edina in 1969, after parents at his St. Paul church informed the archdiocese that he had sexually fondled their two school-age sons, attorneys said.
JEAN HOPFENSPERGER and TONY KENNEDY , Star Tribune-South Metro 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

State Regulators Criticized for Allowing Spine Doctor to Operate

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A Dallas spine surgeon accused of botching multiple surgeries and causing two patient deaths is at the center of regulatory debate. That surgeon's alleged actions have led to two lawsuits and several complaints to state. But while his license has been temporarily suspended, questions remain as to why Dr. Christopher Duntsch was allegedly still operating more than a year after state officials were first warned.
BRETT SHIPP, WFAA.com 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Va. Tech Decision Raises Questions About Safety Warnings

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In a society where information is shared every second, what is a university's responsibility to immediately notify students of on-campus crimes? And, when lives are lost, when is "a timely warning" considered not timely enough? These are among the questions that arose in the wake of last week's decision by the Virginia Supreme Court to overturn a verdict in a wrongful death case filed by the families of two victims of the Virginia Tech massacre, which resulted in the deaths of 32 students and the gunman on the school's campus in 2007.
Christina Jedra, USA Today 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

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Six Flags Employee Had Concerns About Lap Bar

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A Six Flags Over Texas employee told police that he or she thought the safety restraint was “a little high, or not as tight as it should be†on the Dallas woman who fell to her death from the Texas Giant roller coaster in July, according police documents. That employee, whose name was redacted, went to the roller coaster’s control panel to check the safety indicator light, the interview summary said. After determining the lap bar was secure, the train carrying Rosa Esparza was allowed to leave. Moments later, the restraint had moved enough to allow Esparza to fall to the bottom of the car before she was ejected from the ride, according to witnesses.
Jeff Mosier, The Dallas Morning News 11/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    


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