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Texas Trial Lawyers Association


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October 2, 2013

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The Plaintiff's Resource

Upcoming Online CLE

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


Woman Infected with Meningitis Files Lawsuit

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A woman who was infected with fungal meningitis by her physician has filed a lawsuit. The Tennessee woman was injected with a contaminated epidural steroid injection in September 2012 and a few weeks later discovered that she had contracted fungal meningitis. The plaintiff was ill and had to undergo treatment for several months. The lawsuit names the neurosurgical center, the owners of the drug compounding company that produced the steroid and a testing company as defendants.
Walter F. Roche, Jr. , Tennessean 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Tennessean

Senior Couple Pepper Sprayed While Protesting

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An elderly couple has filed a lawsuit against the city of Macon, Georgia alleging that police pepper sprayed and illegally arrested them while they were protesting the beating of their son. The lawsuit claims that the couple's rights were violated when they were protesting the treatment of their son while he was arrested in September 2011. Their son, who was not cooperating with police officers as they searched him on suspicions of drug possession, sustained a beating by the officers. When the parents witnessed the beating and protested, they were blasted with pepper spray and arrested. The lawsuit seeks an unspecified amount of monetary compensation.
Mike Stucka, Macon Telegraph 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Macon Telegraph

Strip-Search of Woman After DUI Leads to Lawsuit

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An Illinois woman has filed a lawsuit after being forcefully stripped naked by deputies in a LaSalle County jail. The woman's "blood-alcohol level registered nearly three times the legal limit when she was arrested for drunken driving." Officers at the jail stripped the plaintiff of her clothes and put her in a cell where she was being recorded by video surveillance cameras. The lawsuit alleges "the LaSalle County sheriff's department and four deputies violated her civil rights after her May arrest and caused her emotional harm by stripping her naked without legal justification for such a search."
David Heinzmann, Chicago Tribune 10/01/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Chicago Tribune

Third Suit Filed Against Parents of Teenage Pickup Driver Accused in 4 Deaths

The mother of the 24-year-old motorist who was one of four people killed after her car broke down on Burleson-Retta Road in June has sued the parents of the 16-year-old pickup driver whom authorities have accused of causing the deaths. Marla Mitchell of Johnson County filed the third such suit Monday in Tarrant County civil court against Fred and Tanya Couch. Their family-owned company, Cleburne Metal Works, is also named in the suit.
Elizabeth Campbell , Star Telegram 10/02/2013 Facebook iconTwitter iconLinkedIn icon

Read Article: Star Telegram

Issues


Shutdown Sets Off Scramble to Delay U.S. Court Deadlines

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Faced with an indefinite government shutdown, U.S. government lawyers sought delays on Tuesday in court cases across the country on subjects ranging from competition among Idaho hospitals to drone strikes abroad.
David Ingram and Nate Raymond, Reuters 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters

Radiation in Pennsylvania Creek Seen as Legacy of Fracking Waste

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Naturally occurring radiation brought to the surface by gas drillers has been detected in a Pennsylvania creek that flows into the Allegheny River, illustrating the risks of wastewater disposal from the boom in hydraulic fracturing. Sediment in Blacklick Creek contained radium in concentrations 200 times above normal, or background levels, according to the study, published today in the journal Environmental Science and Technology. The radium, along with salts such as bromide, came from the Josephine Brine Treatment Facility about 45 miles (72 kilometers) east of Pittsburgh, a plant that treats wastewater from oil and gas drilling.
Jim Efstathiou Jr. , Bloomberg 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg


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