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Texas Trial Lawyers Association


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October 7, 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


Parent Files Bullying Lawsuit Against School District

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A California parent of a 9-year-old boy has filed a lawsuit against the Santa Barbara Unified School District over the bullying, emotional abuse, harassment, and discrimination her son was subjected to. The boy, who suffers from intestinal problems and lacks control over his urinary and bowel movements, was repeatedly harassed by other students about his condition. After meeting with school officials to rectify the situation, the plaintiff claims the bullying persisted and that she had to take her son to a mental health clinic because he was expressing suicidal thoughts. The lawsuit seeks an unspecified amount of compensatory damages.
Kelsey Brugger, Santa Barbara Independent 10/03/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Santa Barbara Independent

Lawsuit Filed Over Police Shooting

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The sister of a man who was shot and killed by Gladewater, Texas police officers in 2011 has filed a lawsuit alleging her brother's death was unjustified. Police officers were responding to a call about an altercation between the victim and another man when they hit the victim with a stun gun. The lawsuit states that he was unable to move, posing no threat to anyone, when he was shot by the officers and killed. The lawsuit further claims that the "city's police department has a pattern of unlawfully killing black men."
Sarah Thomas, Longview News-Journal 10/06/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Longview News-Journal

Toyota Plaintiffs Target Vehicle Electronics

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The sudden-acceleration litigation against Toyota shifts to Oklahoma on Monday, as plaintiffs attorneys for the first time blame vehicle electronics for a crash that injured the driver and killed a front-seat passenger. The plaintiff in the Oklahoma case is Jean Bookout, who suffered internal bleeding and a broken ankle when her 2005 Camry crashed six years ago. Her friend, Barbara Schwarz, who was in the front seat, was killed. Toyota has so far managed to settle litigation over sudden-acceleration defects.
Amanda Bronstad, The National Law Journal - $$ Subscription Required 10/07/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The National Law Journal - $$ Subscription Required($)

Products


A Year Later, Meningitis Patients Fear Ordeal Not Over

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The hundreds of patients devastated by a deadly national fungal meningitis outbreak that exploded last fall and was caused by steroid injections that came tainted with fungus from a Massachusetts pharmacy are still suffering health problems linked to both the tainted shots and the powerful antifungal medicine they took to save their lives. Most are off the drugs, but some are back in the hospital. Investigations and litigation connected to the outbreak are ongoing, as are efforts to strengthen regulation of the type of pharmacy responsible for the crisis. Health experts say more people could fall ill.
Ann Zaniewski, Detroit Free Press , USA Today 10/07/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: USA Today

Malpractice


Woman Awarded $13M in Lawsuit Against Med Center

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A Michigan woman has been awarded nearly $13 million by a jury in her lawsuit against the Genesys Regional Medical Center over medical mistakes made during the birth of her daughter. The woman's daughter was left disfigured and without the full use of her right arm after doctors pulled down too hard on the baby when she was stuck during childbirth. The plaintiff's attorney says "the baby's arm had become stuck on the pelvic bone during birth and doctors should have done a cesarean section or delivered using a method that would have caused less strain on the baby."
Gary Ridley, MLive 10/05/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: MLive

Op-Ed


Sullenberger & Hall: A Tired Pilot Is a Tired Pilot, Regardless of the Plane

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Fatigue creeps up on pilots, slowly diminishing crucial mental capacity for decision-making. Reaction times slow down and situational awareness decreases as pilots tire. A 2013 survey by the British Airline Pilots Association showed that more than half of British pilots admitted to nodding off during flight, and that one in three said they awoke to find the other pilot asleep. The effects of fatigue resemble those of alcohol impairment, but they are much less measurable. The FAA will soon address the issue, implementing long-overdue new fatigue standards for pilots. But those requirements won't apply to cargo aircraft pilots, not even when they're flying a Boeing 747 halfway around the world. By excluding cargo pilots from its new rules, the FAA is failing to adhere to its mission of making safety the first priority in aviation.
CHESLEY 'SULLY' SULLENBERGER & JIM HALL: , Wall Street Journal - $$ Subscription Required 10/07/2013 Facebook iconTwitter iconLinkedIn Icon

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


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