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October 11, 2017

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How are Structured Settlements differents today

Upcoming Online CLE
17
Oct
NUTS & BOLTS OF PROPERTY INSURANCE
17
Oct
Traumatic Brain Injuries in Products Liability Cases
18
Oct
Expert Investigations Using Plaintiff Only Databases
19
Oct
Taking Your Jury to YouTube University: Using Video to Persuade and Educate Your Jurors
24
Oct
PRIVATE HOME & AUTO INSURANCE
25
Oct
Win Your Next Trial by Losing a Focus Group
31
Oct
WINDSTORM INSURANCE CLAIMS
7
Nov
FLOOD INSURANCE POLICIES
8
Nov
Immigration Court 101
Announcements

Dallas Car Wreck CLE on October 12, 2017
October 12, 2017, Cityplace Events & Conference Center, Joe C Thompson Ampitheater, 2711 N Haskell Ave. TTLA's Car Wrecks Seminar is the must-attend program for practitioners of all experience levels. Come away with the tools you need to compete in the courtroom! CLE Seminar is open to the full TTLA Membership and those who qualify for membership. Click on the headline to learn more.

Harvey Insurance Claims 101 CLE Webinar Series
The Texas Trial Lawyers Association presents a 4-part CLE webinar series to give you the information you need to assist families and businesses affected by Hurricane Harvey with their insurance dispute. Each of these webinars is presented by experts in first party insurance.Each installment of the series is $50. Get the Bundle for $150 and save. Click on the headline to learn more and register.

TTLA Annual: What You Absolutely Positively Gotta Know About...
TTLA Annual CLE Seminar: Dec 7th & 8th at the Eilan Hotel and Spa, San Antonio, TX. Earn up to 9.00 hours MCLE credit including 1.75 hour Ethics credit. Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for Oct 11
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CASSANDRA POLLOCK, Texas Tribune10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Editorials/Columns/Letters

Tomlinson: System Rigged Against Homeowners When it Comes to Floods
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Columnist says homebuyers rely on disclosure documents and flood maps to make informed purchases, but that faith is clearly misplaced. The current system of identifying flood risk is deeply flawed and favors developers and government officials at the expense of consumers.
Chris Tomlinson, Houston Chronicle10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Issues

State Fair Investigating Mom's Claim that Ride Injured Son
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The State Fair of Texas says it's investigating after a mother said something went wrong on a ride and "seriously injured" her son. Dixie Dodd of Midlothian told WFAA that she filed an incident report with Dallas police after her 14-year-old son was riding "The Storm." She says something went wrong and the safety bar flew up unexpectedly, breaking his front teeth in half. Dodd claims she spoke with the ride's owner and fair safety officials, who told her the ride couldn't be closed. It continued to operate the rest of the night, she says. The State Fair told WFAA it's investigating the incident, but says the ride didn't malfunction and wasn't moving when the teen was injured.
KENS 5, WFAA.com10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com


Laws/Cases

Kaufman County Gun Range Offered Mediation as Path to Make Good with Neighbors
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Neighbor= s who have been fighting the LoneStar Gun Club and Redneck Resort since it opened a year ago agreed Tuesday to give the business a chance through mediation. The gun range along the East Fork river bottom has been shut down since Sept. 1, when a temporary restraining order was issued. Neighbors say bullets were flying off the range and on Tuesday brought a bag of leaden evidence to Judge Michael Chitty's Kaufman County courtroom to support their claim. The neighbors came to court with experts and evidence that likely would have extended the order. Instead, both sides hope, a final solution will come more quickly through mediation. The gun range will offer a list of three mediators by Thursday. The neighbors will choose from that list by the end of the day Friday and, within a few weeks, will meet with the mediator in private. Then they'll return to the judge, ideally with solutions that have been approved by both sides.
Ray Leszcynski,, The Dallas Morning News10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Texas Justices Weigh Atty Pay After Oral Contingency Deals
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Texas Supreme Court justices on Tuesday questioned whether attorneys can collect a "reasonable value" for their work on behalf of clients if that value is tied to any type of contingency, as they weigh whether to throw out a $7.25 million award for Shamoun & Norman LLP's work in a dispute over a Hunt Petroleum Corp. heir's family estate.
Jess Krochtengel, Law360 ($)10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Lawsuit Over Las Vegas Shooting Tests Gun Industry's Immunity
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A dozen bump stocka were found in gunman Stephen Paddock's 32nd-floor Mandalay Bay Resort hotel room. A complaint, which was filed in Clark County District Court and seeks class action status, alleges that Slide Fire Solutions Inc, a bump stock manufacturer, and other, unidentified makers and retailers behaved negligently in selling and producing these devices. It's unclear whether bump stocks fall under the PLCAA, which indemnifies manufacturers of guns and ammunition as well as "a component part of a firearm or ammunition" from such litigation. The act has a number of exceptions, including negligence, and the lawsuit filed in the Las Vegas shootings includes numerous claims of negligence.
Polly Mosendz, Bloomberg10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg


Healthcare

VA Conceals Shoddy Care and Health Workers' Mistakes
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A USA TODAY investigation found the VA - the nation's largest employer of health care workers - has for years concealed mistakes and misdeeds by staff members entrusted with the care of veterans. In some cases, agency managers do not report troubled practitioners to the National Practitioner Data Bank, making it easier for them to keep working with patients elsewhere. The agency also failed to ensure VA hospitals reported disciplined providers to state licensing boards. In other cases, veterans' hospitals signed secret settlement deals with dozens of doctors, nurses and health care workers that included promises to conceal serious mistakes. USA TODAY reviewed hundreds of confidential VA records, including about 230 secret settlement deals never before seen by the public. The records from 2014 and 2015 offer a narrow window into a secretive, long-standing government practice that allows the VA to cut short employees' challenges to discipline.
Donovan Slack and Michael Sallah, USA Today10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Insurance

Harvey Victims Sue Progressive Over "Bait And Switch" to Reclaim Flooded Trailer
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With a $5,000 check from Progressive Insurance deposited in their bank account, Paula and Frederick Bakley were at a Wharton RV dealership, touring a few on the lot with a salesman, when Frederick Bakley's phone rang. "We get in the car and listen to the voicemail. It's a Progressive rep," Paula Bakley said. "They said, 'There was an error made. We put a stop payment on that check.'" They wouldn't be getting the $5,000 after all, and wouldn't be paying off the trailer either - due to the company's own mistake. Progressive's "bait and switch," as the Bakleys' attorney put it, leaves the couple stuck paying off at least $5,000 more in loans on the now-totaled RV and, if they can't manage to purchase another trailer by October 19, homeless.
MEAGAN FLYNN, Houston Press10/11/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Press



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