Texas Trial Lawyers Association

This service sponsored by Trialsmith

  November 19, 2014

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Upcoming Online CLE


Readying Strong LHWCA or DBA Hearings


Cross Exam of the DME


MSP Case Law Update


Strategies For Deposing/Cross Examining Experts


Medicare Set Asides in General Liability and Medical Malpractice Cases


Understanding ERISA


Roadway and Design Construction Cases


Depositions and Your Discovery Plan


Top 10 Things Attorneys Need to Know About E-Discovery




Register NOW for our Annual President’s Meeting & Advanced PI CLE!

Online registration is now open for our year-end conference, featuring an innovative and interactive Advanced PI CLE (Dec 4th) and our Annual Board & Membership Meeting (Dec 5th). Register now to attend at the Sheraton Hotel in Austin. Other events include the Advocates Annual Meeting, Awards Reception, and PAC event. Click on the link above to learn more and register. Watch for updates on Twitter @ttla_ #ttlaannual.  


Advanced PI Seminar Agenda Released! This course has been approved by the Texas Board of Legal Specialization for 6.75 hrs.

Check out the agenda for our innovative new Advanced PI CLE seminar. This year's program includes new topics, new speakers, and interactive break-out sessions. This course has been approved by the Texas Board of Legal Specialization for 6.75 hrs certification and recertification continuing legal education requirements for attorneys and legal assistants in the following specialty fields: civil appellate law, civil trial law and personal injury trial law.December 4 in Austin. Click on the headline to access the agenda.  


Texas Tribune Daily Brief



The Brief for Nov 19

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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Man Sues Colleyville Bariatric Clinic Over Amputations

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Carlos Saucedo went in for a gastric sleeve procedure a year ago but wound up having both legs amputated above the knee because of negligence on the part of Kim Bariatric Institute in Colleyville and Baylor Regional Medical Center of Grapevine, according to a lawsuit filed in a Tarrant County District Court.
ELIZABETH CAMPBELL, Star Telegram 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Six Flags Announces Settlement in Death of Roller Coaster Rider

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More than a year after a roller coaster rider at Six Flags Over Texas fell to her death, the Arlington-theme park, Rosy Esparza's family and the German-based maker of the Texas Giant’s trains, have reached an agreement to settle the claims related to her death. The terms of the settlement agreement were not disclosed.
Karen Robinson-Jacobs, The Dallas Morning News 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Opposition to N.F.L. Settlement Centers on Coverage for Neurological Disease

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The limited coverage of chronic traumatic encephalopathy, or C.T.E. is at the core of the opposition to the settlement. Lawyers and players who have objected to the case will make that argument at a fairness hearing on Wednesday in Philadelphia, where Judge Anita B. Brody of the United States District Court for the Eastern District of Pennsylvania will hear hours of arguments for and against the proposed deal.
KEN BELSON, The New York Times 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Court: Widow Cannot Sue ABC Over Husband's Televised Death

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The widow of a man whose death was aired on a reality show cannot hold ABC or the hospital that treated him liable for inflicting emotional distress, a New York appeals court has ruled. The Manhattan court on Tuesday said ABC's conduct in filming the 2012 episode of "NY Med" was not extreme or outrageous enough to allow Anita Chanko's $5 million suit to proceed.
DANIEL WIESSNER, Reuters 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Connecticut Jury Awards $638K in Consent Case

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A jury has awarded about $638,000 to a woman who sued a man she said had a sadomasochistic sexual relationship with her adult daughter in a case that led to a state Supreme Court ruling on whether mentally ill people can consent to sex. Mary Kortner, of Greenwich, filed a civil sexual battery and assault lawsuit in 2006 against Craig Martise, a married father of four from the same town, saying her daughter wasn’t able to consent to an abusive sexual relationship with him in 2003 because of her mental condition.
Associated Press, The Washington Post 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Jury Orders AutoZone to Pay Damages to a Former Female Employee in Gender Discrimination Case

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A federal jury in California ordered AutoZone Inc. to pay a former female employee nearly $186 million in damages after ruling that the auto-parts retailer mistreated her based on gender, demoted her after learning she was pregnant and eventually fired her. A jury in San Diego awarded Rosario Juarez, a former AutoZone sales manager, more than $800,000 in compensatory damages on Friday after finding the company liable. Then Monday, the jury set punitive damages at $185 million.
JACOB GERSHMAN, Wall Street Journal - $$ Subscription Required 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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Jury Awards $6M in Shooting Death of Teenage Boy

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The mother of a 14-year-old boy who was accidentally shot and killed by a discharging gun has been awarded $6 million by a Fulton County, Georgia jury. The jury ruled that the pawn shop who sold the mother the .380-caliber handgun was at fault for the boy's death. The teen was shot in the stomach when the gun was dropped on a glass table by his sister and fired. The jury also ruled that the company which manufactured the gun is at fault for the teen's death. The now-defunct company will pay $2.2 million to the plaintiffs.
Rhonda Cook, Atlanta Journal-Constitution 11/18/2014   Facebook iconTwitter iconLinkedIn Icon

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Lawsuit: Officer Used Police Database to Track and Kill Ex-Wife

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A lawsuit was filed on Monday alleging that an Indianapolis police sergeant used the Indianapolis Metropolitan Police Department database to track his ex-wife's location and kill her. The lawsuit was filed by the woman's son and alleges that the city and the IMPD were at fault for the woman's death because they failed to protect her from her killer. The woman was shot and killed on April 17 by her ex-husband who was married to her from 2010 to 2013. The plaintiff, who is also an officer with the department, alleges that the department and the city violated his mother's civil rights by making her location accessible.
Jill Disis, Indianapolis Star 11/17/2014   Facebook iconTwitter iconLinkedIn Icon

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Children's Probiotic Supplement Contaminated With Disease-Causing Fungus

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The FDA announced the voluntary recall of a probiotic dietary supplement marketed specifically for use in infants and children. But the concerns have grown considerably since then. Solgar Inc. of Leonia, New Jersey, is recalling three lots of ABC Dophilus® Powder, a product containing three types of reportedly beneficial bacteria. The U.S. Centers for Disease Control and Prevention has determined that these product lots contain a fungus called Rhizopus oryzae. In rare cases, the fungus can cause infections of the sinus, lungs, intestines, and skin, called mucormycosis. According to the CDC, “If the infection is not treated quickly, the fungus can spread throughout the body, and the infection is often fatal.”
David Kroll, Forbes 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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U.S. Regulators Call for Takata Airbag Recall to Be Extended Nationwide

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In a significant shift, federal safety regulators on Tuesday called on automakers to conduct a nationwide recall of vehicles that contain driver’s-side airbags made by the Japanese supplier Takata. The nationwide move, urged by the National Highway Traffic Safety Administration, would expand a recall that has been mostly limited to two states and two territories associated with high humidity. If automakers do not agree to expand the recall, the agency said, it will “use the full extent of its statutory powers” to compel automakers to do so. The call, though, was likely to create confusion among car owners.
HIROKO TABUCHI, The New York Times 11/19/2014   Facebook iconTwitter iconLinkedIn Icon

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