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Texas Trial Lawyers Association


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October 1, 2013

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The Plaintiff's Resource

Upcoming Online CLE

1
Oct

Sipping From the Fire Hose - Techniques for Managing E-discovery and Evidence in Litigation

8
Oct

What American Express v. Italian Colors Means for Plaintiff Attorneys

9
Oct

Jury Persuasion

15
Oct

The Evolution of Rules of the Road to Rhetorical Questions

16
Oct

Maximizing Damages in Wrongful Death Cases

22
Oct

The Do's and Don'ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides

Announcements


2013 Making a Difference Award

TTLA is now accepting nominations for the Making a Difference Award which is periodically awarded at the discretion of the TTLA Executive Committee and recognizes a client (past or present) of a TTLA member whose actions demonstrates the critical role of the civil justice system in protecting the rights of Texas families. Nominees should demonstrate a desire to promote the public good through the civil justice system and best exemplify the attributes of a true advocate. Nomination deadline is November 1, 2013. Click on the headline to download the nomination form.

2013 Legends CLE: "Tales From the Crypt" October 30 - 31 in Austin

Back by popular demand, our Second Annual Legends Seminar brings you "Tales From the Crypt," October 30 - 31, 2013 in Austin at the Four Seasons Hotel. This year's underwriters - Fibich, Hampton, Leebron, Briggs & Josephson; The Gallagher Law Firm; Payne Mitchell Law Group and Watts Guerra - dug deep to bring you the power of over 800 years of legal experience to add to your cauldron of trial strategies. Click on the headline to learn more and register.

Laws/Cases


Employees File Lawsuit Over Chemical Exposure

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Eight former employees of a Mars Petcare factory in Missouri have filed a lawsuit against the company alleging they were exposed to phosphine gas, which caused injuries to their eyes, lungs, respiratory system and internal organs. In the suit, it is alleged that "the fumigant was not cleared from railcars entering the plant west of Joplin at 1983 State Line Road." The suit seeks actual and punitive damages.
Wally Kennedy, The Joplin Globe 09/30/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Joplin Globe

Additional Details Emerge in Sex Abuse Suit Against University

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Thirty-four people have filed a lawsuit against Yeshiva University alleging sexual abuse and two additional people have contacted the plaintiffs' lawyer in the last six weeks. One of these former students told an attorney in the case that one of the school administrators used a master key to come into their bedroom and abuse them. The $680 million lawsuit against the school has grown since it was originally filed by nineteen former students back in July.
Daniel Beekman, New York Daily News 09/30/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News

Testimony at BP Oil Spill Trial Targets Response

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An employee of the company that owned the doomed Deepwater Horizon drilling rig testified Tuesday that he was surprised when BP scrapped his team's design to stop the gusher in the Gulf of Mexico. Robert Turlak, a Transocean Ltd. manager, was a witness for his employer at a federal trial that is focusing on BP's response to the April 2010 well blowout. BP's trial adversaries argue the company could have sealed the blown-out well much sooner if it had employed a capping strategy that Turlak and others had devised. It was ready for installation in early June. BP ultimately used a capping stack to stop the spill July 15 after several other methods failed.
MICHAEL KUNZELMAN, Associated Press, Houston Chronicle 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle

Jury Finds Dallas County Responsible for Man's Death in Jail

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Dallas County violated the civil rights of a man who died in the county jail because Sheriff Lupe Valdez's policies made officials indifferent to inmates' welfare, a federal jury decided Monday. After about two hours of deliberations, the jury of six women and one man awarded $400,000 to the family of Craig Morris, a homeless alcoholic who died of severe pneumonia on Aug. 2, 2009. He died about 18 hours after he was booked into the jail on a public lewdness charge, a misdemeanor.
TRISTAN HALLMAN, The Dallas Morning News 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News

Products


BMW Recalls 176,000 Vehicles

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German carmaker BMW is recalling 176,000 vehicles from the model years 2012 to 2014 over a problem with the power brake system. The company says in rare cases an interruption in the oil supply to a part can mean the loss of power braking assist. The brakes will still work, but the driver would have to press harder on the pedal.The recall covers 76,200 vehicles sold in the U.S.
Associated Press, The Washington Post 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post

Healthcare


Doctors, 'Have You Washed Your Hands?'

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Despite years of efforts to educate both clinicians and patients, studies show hospital staff on average comply with hand-washing protocols, including cleansing with soap and water or alcohol-based gels, only about 50% of the time. Two new studies show patients aren't much more comfortable today than a decade ago with the idea of asking doctors and medical staff to lather up.
Laura Landro, Wall Street Journal - $$ Subscription Required 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)


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