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Texas Trial Lawyers Association


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October 8, 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


Six Flags Denies Fault for Woman's Fatal Fall

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Six Flags Over Texas denied claims of negligence and other misconduct in response to the wrongful-death lawsuit filed after July's Texas Giant accident, according to the latest court filing. In response to the lawsuit filed last month, Six Flags' attorneys wrote that the park didn't anticipate an accident like the one that killed 52-year-old Rosa Esparza on July 19. The Dallas woman slipped out of her seat and fell 75 feet as the roller coaster made its first rapid descent.
JEFF MOSIER , The Dallas Morning News 10/08/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News

US Supreme Court Won't Hear Appeal of Landmark 1996 Lawsuit

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The Supreme Court won't hear an appeal of a Florida lawsuit making it easier for sick smokers or their survivors to pursue lawsuits against tobacco companies. The court on Monday refused to hear an appeal from Philip Morris USA Inc., R.J. Reynolds Tobacco Co., and Liggett Group LLC. They wanted the court to consider overturning a $2.5 million Tampa jury verdict in the death of smoker Charlotte Douglas.
Associated Press, AP Wire 10/08/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: AP Wire

Forum Selection Contract Clause Case Before USSC

This Wednesday, the U.S. Supreme Court will hear oral arguments in a $160,000 pay dispute between a Killeen-based subcontractor and a Virginia construction company building a child development center at Fort Hood. The issue is whether a company can incorporate into a contract a forum-selection clause requiring that disputes involving the contract are to be decided by a specific court in a particular city or state.
Mark Curriden, Texas Lawbook 10/08/2013 Facebook iconTwitter iconLinkedIn icon

Read Article: Texas Lawbook

Products


Robot Surgery Damaging Patients Rises With Marketing

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Robotic surgeries are on the rise, fueled by aggressive marketing by doctors, hospitals and Intuitive Surgical Inc., which manufactures the $1.5 million robot. Advertising on hospital and doctor websites, YouTube videos, billboards, and on radio and television has hyped the advantages of robotic surgeries, often claimed fewer complications without proof, and ignored contradictory studies finding no advantage in some cases. Robot operations haven't been proven in randomized trials to offer significant health benefits compared to standard, less-invasive surgery and multiple studies show they can cost thousands of dollars more.
Robert Langreth, Bloomberg 10/08/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg

Wrongful Death


Widow of NFL's John Mackey Files Suit Against NFL

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The widow of NFL star John Mackey, who played 10 seasons for the Colts and the Chargers, has filed a wrongful death lawsuit against the NFL. The lawsuit alleges that During [Mackey's] career in the NFL, Decedent experienced repeated traumatic head impacts; however, Decedent was never warned of the dangers of repetitive head impacts. The former football player suffered from the degenerative brain disease chronic traumatic encephalopathy (CTE) for years before his death in 2011 at the age of 69.
Nathan Fenno, Washington Times 10/07/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Washington Times


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