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November 7, 2017

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Upcoming Online CLE
7
Nov
FLOOD INSURANCE POLICIES
8
Nov
Immigration Court 101
14
Nov
Winter is Coming: MSA Issues and Ethical Obligations Facing Plaintiff Lawyers
15
Nov
List Server Tools and Tips Webinar
21
Nov
Improv for Lawyers
30
Nov
Taking Your Jury to YouTube University: Using Video to Persuade and Educate Your Jurors
Announcements

TODAY in the Harvey 101 Series: FEMA/Flood Insurance, 11/7
It is not too late to register for FEMA/Flood insurance webinar today at 12:00 PM CT. Click on the headline to register.

TTLA Annual: What You Absolutely Positively Gotta Know About...
TTLA Annual CLE Seminar: Dec 7th & 8th at the Ã?ilan Hotel and Spa, San Antonio, TX. Earn up to 9.00 hours MCLE credit including 1.75 hour Ethics credit. Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for Nov 7
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CASSANDRA POLLOCK, Texas Tribune 11/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Damaged Elementary School Was Built in a Flood Pool - Katy School Officials Didn't Know
Creech Elementary, a few blocks from Barker Reservoir, had been built in what engineers call the reservoir's "flood pool." That's the area most at risk of being swamped when a major storm causes water to build up behind Barker Dam. There are no road signs and no lines on a map that show where the flood pool begins or ends. Its size varies according to a storm's severity. But beginning in the early 1990s, developers and Fort Bend County engineers knew the neighborhoods around Creech were at risk.
Lise Olsen, Houston Chronicle 11/07/2017 Facebook iconTwitter iconLinkedIn icon
Read Article: Houston Chronicle


Laws/Cases

Man Files Suit Against Walgreens After Dangerous Prescription Mistake
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Walgreens is facing a lawsuit by a man who alleges he was given the wrong prescription medication, causing him to attempt suicide. The plaintiff says he believed he was getting a prescription for a muscle relaxant to treat his pain from an auto accident a year earlier. However, Walgreens confused him for another man with the same name and gave him the wrong prescription. According to the complaint, he was given a generic version of Xanax, which is known for risky side effects, and led the plaintiff to attempt suicide. The lawsuit was filed Thursday in the state District Court in Santa Fe and seeks an unspecified amount of damages to cover the medical costs the plaintiff incurred after shooting himself in the head, as well as lost wages, legal fees â??and any other relief this court may deem just and proper.â??
Steve Terrell, Santa Fe New Mexican 11/03/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Santa Fe New Mexican

Baylor Must Release Medical, Counseling Records in Title IX Lawsuit
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A federal judge has ordered Baylor University to release year's-worth of medical and counseling records of all female students who reported they were sexually assaulted. U.S. District Judge Robert Pitman wrote in his decision that they records are â??indisputably importantâ?? to the case against the school. Ten women have filed suit against the university alleging that they were denied educational opportunities after their assaults. Following the decision, Baylor will be required to release electronic records of medical and counseling reports from between the years 2006 and 2009.
Phillip Ericksen, Waco Tribune Herald 11/06/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Waco Tribune Herald

Surgeon Sued Over Alleged Promise of 'Facebook Face-Lift'
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Ann Hammond said she made a deal with Houston plastic surgeon Franklin Rose, who promised what is known as a "Facebook face-lift" for free in exchange for using her before-and-after images to market his handiwork. The "before" shots were soon featured on a television news show, which included Rose highlighting flaws in Hammond's appearance. Two years later, Hammond, 58, is still waiting for the "after." Hammond recently sued Rose in state district court, claiming that he breached their contract, appropriated her name and likeness for profit and violated her privacy by disclosing -- before her husband knew -- that she was considering a divorce. She is seeking $36,000 as the fair market value of the "Facebook face-lift," a term used by plastic surgeons to describe procedures that make people look younger for social media photos, plus unspecified damages.
L.M. Sixel, Houston Chronicle 11/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Healthcare

Austin Neurosurgeon Punished Over Surgical Monitoring Referrals
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An Austin neurosurgeon has been punished by the Texas Medical Board for failing to disclose his ownership in a neurodiagnostics company that he referred his patients to, in some cases leading to expensive out-of-network costs for them. A mediated order that Dr. Thomas Stuart Loftus accepted lets him continue to practice, provided he apprises patients of his financial interest in Capitol Neurodiagnostics, pays a $2,500 fine, takes classes and passes an ethics test.
Ryan Autullo , Austin American-Statesman 11/07/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman


Wrongful Death

Parents Sue Over Accidental Poisoning of Four Texas Children
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A wrongful death lawsuit has been filed by the parents of four children killed in a January accidental poisoning in Amarillo, Texas. The parents have filed suit against the maker of a pesticide that caused the deaths and also against the person who provided the chemical. The lawsuit, filed in Potter County district court, alleges that United Phosphorus, an international agrochemical company, was negligent in the way it packaged Weevil-Cide, leading to the children's deaths.
Robert Stein, Amarillo Globe-News 11/03/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Amarillo Globe-News



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