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Texas Trial Lawyers Association


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October 3, 2013

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The Plaintiff's Resource

Upcoming Online CLE

8
Oct

What American Express v. Italian Colors Means for Plaintiff Attorneys

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


$20M Suit Filed Against Toyota Over Unintended-Acceleration

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A lawsuit filed against Toyota by the family of a woman who died in an unintended-acceleration car crash wrapped up its arguments in court this week. The $20-million lawsuit accuses Toyota of not including a safety device in the woman's Toyota Camry that would have prevented her car from accelerating unexpectedly, causing her to run into a pole and a tree. The Los Angeles County Superior Court jury is to decide whether Toyota was negligent in not placing a brake override system in the car, or whether the crash resulted from the woman's poor driving. This case may set the precedent for similar cases against Toyota involving unintended acceleration.
Jerry Hirsch , LA Times 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times

Lawsuit Alleges Orlando Diocese Covered Up Sex Abuse

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A lawsuit has been filed against the Catholic Diocese of Orlando alleging a cover up of the sexual abuse of an altar boy by a priest. The lawsuit was filed by a man who claims he was sexually abused by the priest in 1983 and 1984 when he was a 14-year-old altar boy. The plaintiff said he had no memory of the abuse until he saw a TV report about another man who filed suit against the diocese for abuse by the same priest in 1978. The priest was asked to leave the priesthood in 1985 after facing accusations by four boys who claimed he sexually abused them. The lawsuit seeks compensatory damages.
Jeff Kunerth, Orlando Sentinel 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Orlando Sentinel

Appeals Court Gives BP a Win in Settlement Dispute

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A federal appeals court on Wednesday revived BP's claims that a judge's interpretation of a settlement over its 2010 oil spill in the Gulf of Mexico could force the company to pay billions of dollars for bogus or inflated claims by businesses. A ruling by a divided three-judge panel of the 5th U.S. Circuit Court of Appeals threw out U.S. District Judge Carl Barbier's rulings on the dispute between BP and attorneys who brokered the multibillion-dollar settlement in 2012. The panel sent the case back to Barbier with an order that he craft a "narrowly-tailored injunction that allows the time necessary for deliberate reconsideration of these significant issues."
MICHAEL KUNZELMAN and KEVIN McGILL, Associated Press, Houston Chronicle 10/03/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle

Family of Man Electrocuted in Hotel Pool Sues Houston Hilton

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Relatives of a Harris County man who they say died after being electrocuted in a hotel swimming pool have sued Hilton Worldwide and related businesses. Maria Isabel Duran, along with other plaintiffs, filed the suit Wednesday in State District Court on behalf of her deceased son, Raul Hernandez Martinez, 27. According to the Houston Police Department, the incident happened about 7:40 p.m. Aug. 31 at the Hilton Houston Westchase, 9999 Westheimer Road. Hernandez was swimming with family members at the hotel pool as the pool lights came on near dusk. Swimmers began to complain of being shocked, and Hernandez swam to the deep end to help a child, a police news release said. He got the child out but couldn't get out himself, the release said. When bystanders pulled him from the water, Hernandez went into cardiac arrest and the bystanders gave him CPR, the release said.
Carol Christian, Houston Chronicle 10/03/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle

Wrongful Death


Father of Victim Files Suit Against Murderer's Parents

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The father of a girl who was murdered by a teenage boy has filed a lawsuit against the boy's parents alleging negligent supervision and wrongful death. In October 2012, the boy convinced the girl to come over to his house and subsequently "strangled her for her BMX bike, then dumped her body in a recycling bin." The lawsuit, filed in September, claims that the parents of the boy should have known their son posed a risk to others and "needed to be treated for emotional, psychological and neurodevelopmental problems after witnessing domestic abuse in his home." The lawsuit seeks an unspecified amount of monetary compensation.
Carol Kuruvilla , New York Daily News 10/02/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News


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