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November 27, 2017

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Upcoming Online CLE
30
Nov
Taking Your Jury to YouTube University: Using Video to Persuade and Educate Your Jurors
7
Dec
Showing the Story: How Video Killed the Paper Demand
11
Dec
WINDSTORM INSURANCE CLAIMS
13
Dec
Determining Reasonableness of Medical Expenses
15
Dec
Handling the Traumatic Servicemembersâ?? Group Life Insurance Claim
21
Dec
Effective Use of Databases to Locate Witnesses & Defendants
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Texas Tribune Daily Brief

The Brief for Nov 27
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CASSANDRA POLLOCK, Texas Tribune 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

What Bond Investors Werenâ??t Told
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The special purpose districts that have powered development in the Cinco Ranch area west of Houston repeatedly failed to disclose to bond investors the risk of severe flooding from the adjacent Barker Reservoir, a Houston Chronicle investigation found. Hundreds of homes near the reservoir were flooded when Hurricane Harvey battered southeast Texas in late August. Many homeowners complained bitterly that they were never warned the reservoir could pour into their neighborhoods during an extreme storm. Bond investors who placed bets on the long-term economic health of the Cinco Ranch area were not told about the danger, either â?? although it had been documented for years in Fort Bend County planning records and in reports by the U.S. Army Corps of Engineers, which operates the reservoir.
James Drew, Houston Chronicle 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle

Keystone's Existing Pipeline Spills Far More Than Predicted to Regulators
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TransCanada Corpâ??s existing Keystone pipeline has leaked substantially more oil, and more often, in the United States than indicated in risk assessments the company provided to regulators before the project began operating in 2010, according to documents reviewed by Reuters. The existing 2,147-mile (3,455 km) Keystone system from Hardisty, Alberta, to the Texas coast has had three significant leaks in the United States since it began operating in 2010, including a 5,000-barrel spill this month in rural South Dakota, and two others, each about 400 barrels, in South Dakota in 2016 and North Dakota in 2011. Before constructing the pipeline, TransCanada provided a spill risk assessment to regulators that estimated the chance of a leak of more than 50 barrels to be â??not more than once every seven to 11 years over the entire length of the pipeline in the United States,â?? according to its South Dakota operating permit.
Valerie Volcovici, Richard Valdmanis, Reuters 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Laws/Cases

Lawsuit: California Nursing Home Abandoned Residents During Fire
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A lawsuit has been filed accusing a California nursing home of abandoning residents as a wildfire approached. The lawsuit was filed on Monday in Sonoma County Superior Court by four residents of the facility who allege they were left behind by nursing home staff. According to the complaint, the plaintiffs were abandoned with â??other residents in wheelchairs, and other residents with dementia who were physically and cognitively incapable of escaping a burning building without assistance.â?? The lawsuit names as defendants Oakmont Senior Living and Oakmont Management group.
Ahn Do, LA Times 11/21/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: LA Times

Uber Sued Over Massive Data Breach After Paying Hackers to Keep Quiet
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After Uber revealed that it paid hackers $100,000 to keep quiet about stealing the personal information of 57 million customers and drivers, the company is now facing at least three potential class action lawsuits and separate investigations by the attorneys general of New York, Missouri, Massachusetts, Connecticut, and Illinois. The company said it also has been contacted by the Federal Trade Commission. The legal action against Uber comes as the beleaguered ride hailing company is still reeling from high-profile sexual harassment complaints and ongoing federal probes of possible bribery, theft of trade secrets, and discriminatory pricing. Uber waited more than a year to disclose the massive data breach. Hackers accessed the names, email addresses and phone numbers of millions of passengers, and about 600,000 drivers had their license numbers compromised. Adding to concerns about the sizable delay in notifying the public, elected officials and security experts are scrutinizing Uber's decision to pay a ransom to the hackers in exchange for deleting the stolen data and keeping the incident secret.
Hamza Shaban, Washington Post, Chicago Tribune 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune

$43.5M Jury Verdict in Driving-While-Texting Case
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A Bexar County jury awarded $43.5 million to a Lytle woman injured in 2015 after her vehicle was rear-ended by an SUV driven by an employee of an oil field services company using a hands free cellphone immediately before the accident. Tuesdayâ??s jury verdict against JC Fodale Energy Services, a now-defunct oil field services company based in Shreveport, Louisiana, included $30 million in punitive damages. The employee, Mickey Hunt, was directed to pay $2.5 million in punitive damages.
Patrick Danner, San Antonio Express News 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: San Antonio Express News

Woman Says Botched â?˜Brazilian Butt Liftâ?? Left Her In Wheelchair
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An Oklahoma nurse filed a lawsuit Thursday after she says a Dallas plastic surgeon botched her â??Brazilian Butt Lift,â?? leaving her paralyzed. She is seeking millions of dollars in damages after she says her life was changed forever. Rolanda Hutton left in a wheelchair after her January procedure at Dallas Plastic Surgery Institute and Dallas Day Surgery Center. Her attorney said Dr. Sameer Jejurikar injected too much fat into the muscles above her sciatic nerve. She awoke after the surgery and couldnâ??t feel her feet or legs.
CBS DFW, CBS DFW 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: CBS DFW

Hospital Must Face Hernia Surgery Suit, Texas Court Says
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A Texas appeals court has held that Texas Tech University Health Sciences Center canâ??t duck a malpractice lawsuit brought by a woman following a hernia surgery, rejecting the hospitalâ??s claim that the suit should be dismissed because it wasnâ??t given â??actual noticeâ?? within six months of the incident.
Michelle Casady, Law360 ($) 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Massage Envy Therapists Accused of 180 Sexual Assaults
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A chain of massage spas with almost 1,200 locations across the nation is facing hundreds of sexual assault complaints amid concerns that it ignored or mishandled the allegations. At least 180 people have filed sexual assault civil suits, police reports or complaints to state boards against Massage Envy, its franchises and their employees, according to a Buzzfeed News investigation. Massage Envy, responding to an inquiry from USA TODAY, called the incidents "heartbreaking" and said they occurred over 15 years among 125 million massages.
John Bacon, USA Today 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Healthcare

VA Failed to Report 90% of Potentially Dangerous Medical Providers, GAO confirms
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The Department of Veterans Affairs failed to report 90% of potentially dangerous medical providers in recent years to a national database designed to prevent them from crossing state lines and endangering patients elsewhere, according to the GAO. The watchdogâ??s conclusions in the report to be released Monday confirm findings of a recent USA TODAY investigation that found the VA has for years concealed medical mistakes and misconduct by health care workers. In response to that story published in October, the VA vowed to overhaul its policies for reporting clinicians to authorities. The GAO also found that VA officials didnâ??t report any of the problem clinicians to state medical boards that could have yanked their licenses.
Donovan Slack, USA Today 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Products

Takata Airbag Recall is Going Dangerously Slow, Leaving Millions Driving Cars with 'Lethal Potential'
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The widespread recall of faulty Takata Corp. airbag inflators is lagging despite the potentially deadly consequences for millions of drivers. That's according to a report released this week by John Buretta, who is monitoring with the National Highway Traffic Safety Administration as it undertakes what he calls "the largest and most complex vehicle recalls in U.S. history." Just 43 percent, or 18.5 million, of the airbag inflators have been replaced so far, the Associated Press reported.
JULIA GLUM , Newsweek 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Newsweek

Honda Recalls 900,000 Odyssey Minivans
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Honda is recalling about 900,000 of its Odyssey minivans because the second-row seats may tip forward if not properly latched. The recall announced Saturday covers vehicles from the 2011-17 model years. About 800,000 of the affected minivans were sold in the United States. Honda says it has received 46 reports of minor injuries related to the issue.
Associated Press, USA Today 11/27/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Wrongful Death

Five Lawsuits Filed in California Over Las Vegas Shooting
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Five lawsuits were filed on Monday in California on behalf of hundreds of victims of the recent mass shooting in Las Vegas. The lawsuits were filed against the operators of the hotel from which the gunman fired, the organizers of the country music festival he targeted and the killerâ??s estate. The shooter opened fire at a country music festival on Oct. 1, killing 58 and injuring hundreds. All five of the cases were filed in Los Angeles Superior Court.
Tina Bellon, Reuters 11/21/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters

Boy's Death at Rotating Restaurant in Atlanta Leads to Lawsuit
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The family of a five-year-old child who was crushed to death at a rotating restaurant in Atlanta has filed a wrongful death lawsuit. The plaintiffs and their children were visiting the Sun Dial restaurant from Charlotte, North Carolina, in April when their son became trapped and was crushed to death. As detailed in the complaint, the child wandered away from the table and became trapped in a pinch point of the rotating disc. He suffered a catastrophic and fatal head trauma when he was pulled into the 4 to 5 inch space. The lawsuit names Marriott International, Starwood Hotels & Resorts, and others as defendants.
Tim Darnell, WCNC channel 6 (Charlotte) 11/20/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: WCNC channel 6 (Charlotte)



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