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October 13, 2014 Like TTLA on Facebook Follow TTLA on Twitter


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TTLA Members: please mark your calendars to attend the TTLA Annual Membership Meeting & Board of Directors Meeting December 4th & 5th at the Sheraton in Austin. Details and registration information coming soon.

Litigation in Commercial Vehicle Crashes
The folks at Texas LawBook, (, a subscription-only online business litigation publication, are sharing a recent article on commercial vehicle litigation with the TTLA membership. Click on the headline to access the article.

Texas Tribune Daily Brief

The Brief for Oct 13
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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 10/13/2014 Facebook iconTwitter iconLinkedIn Icon
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Series: Asset Seizures Fuel Police Spending
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In recent years, thousands of people have had cash confiscated by police without being charged with crimes. The Post looks at the police culture behind the seizures and the people who were forced to fight the government to get their money back.
Robert O'Harrow Jr. and Steven Rich, The Washington Post 10/13/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

Probe Launched Into How Dallas Nurse Was Exposed to Ebola
Medical investigators began Sunday trying to find out how the nurse became infected with the often fatal virus despite having worn head-to-toe protective gear. The answer, health officials said, will become vital information for every hospital in the country. According to The AP, which received Duncan's hospital records from his family, health care workers treating Duncan didn't wear hazardous-material-type suits for two days after he was hospitalized ' until tests confirmed he had Ebola. Dr. Philip Smith, medical director of the University of Nebraska Medical Center's Biocontainment Patient Care Unit, said there isn't sufficient information to say that there was a major breach in technique at Presbyterian.
DIANNA HUNT AND SHERRY JACOBSON, The Dallas Morning News 10/13/2014 Facebook iconTwitter iconLinkedIn icon
Read Article: The Dallas Morning News

Ebola Victim's Family Blames Hospital and State
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Relatives of the first person to die of Ebola in the US, joined by the Rev. Jesse L. Jackson Sr., continued on Saturday to denounce the treatment he and his family had received from a hospital here and from Texas officials, claiming that he had been cremated without their knowledge or permission and given substandard care because he was African. On Friday, Mr. Weeks released Mr. Duncan's medical records to The Associated Press. Those documents raised new questions about why the hospital that treated him had sent him home after his first visit to its emergency room on Sept. 25. The medical records showed that during that first visit, his temperature had peaked at 103 degrees and he had reported severe pain, rating it an eight on a scale of 1 to 10.
MANNY FERNANDEZ and JULIE BOSMAN, The New York Times 10/13/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Trinity Industries Files Motions to Delay Federal Trial
Trinity Industries has filed a flurry of motions over the weekend and this morning seeking to delay, or avoid altogether, a federal trial set to begin later this morning in Marshall, TX. Trinity is being sued by a whislteblower who alleged that the company made dangerous changes to its widely used highway guardrails without first telling the Federal Highway Administration, and therefore owes hundreds of millions of dollars, or more, in fines and restitution. Joshua Harman is suing under the federal False Claims Act, and is acting on behalf of ' but without the cooperation of ' the federal government.
MICHAEL A. LINDENBERGER, The Dallas Morning News 10/13/2014 Facebook iconTwitter iconLinkedIn icon
Read Article: The Dallas Morning News

Baltimore Withholds Part of Brutality Case Settlement
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The city of Baltimore, Maryland is withholding part of a settlement intended for a woman who filed a lawsuit alleging police brutality. Soon after the settlement was announced, the plaintiff began being attacked on the Internet by people claiming she initiated the incident with police in order to receive a large payout. The plaintiff responded and recounted details of the incident, violating the settlement agreement which barred her from making public statements or talking to the media about the incident. As a result, the woman will receive only half of the $63,000 settlement. The lawsuit alleged that the plaintiff was beaten by officers in her home after she reported a burglary in April 2012.
Mark Puente, Baltimore Sun 10/10/2014 Facebook iconTwitter iconLinkedIn Icon
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Wind Sends Bounce House Flying, Hurting 2 Toddlers
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Police and fire officials are working to find out why an inflatable bounce house lifted off the ground and flew some 40 feet across a farm before crashing down and injuring two toddlers who were inside. Authorities said two boys, ages 2 and 3, had climbed into the bounce house at Sullivan Farm in Nashua, NH on Sunday when it went airborne, flying over a fence and then crashing to the ground. The younger boy suffered critical injuries and was flown to a Boston hospital. The 3-year-old boy also was injured.
Associated Press, AP Wire 10/13/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: AP Wire Abilene Reporter-News

Highway Guardrail May Be Deadly, States Say
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Because of its safety concerns, Missouri banned further installation of the rail heads on Sept. 24. It joined Nevada, which prohibited further purchases in January, and was followed six days later by Massachusetts. Lawsuits say the guardrails were to blame for five deaths, and many more injuries, in at least 14 accidents nationwide. The Federal Highway Administration, the agency charged with ensuring the safety of the nation's roads, continues to say that the guardrails, installed on highways in almost every state, meet crash-test criteria. And the Texas-based manufacturer, Trinity Industries, a large supplier of guardrails nationwide, also denies there is a problem. But internal communications and documents from the highway administration show that a senior engineer charged with examining the guardrails expressed reservations about their safety, before he signed off on their continued use about two years ago.
DANIELLE IVORY and AARON M. KESSLER, The New York Times 10/13/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Class Action

Former Student Athletes File Suit Against Broadcasters
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A group of ten former college football and men's basketball players have filed a federal antitrust lawsuit against a multitude of broadcasters, conferences and multi-media/marketing rights companies over the use of their names, images and likenesses. The lawsuit, which is seeking classification as class action, was filed last week in a U.S. District Court in Nashville. The lawsuit alleges that a waiver form used by the NCAA in order to use the players names, images and likenesses "is invalid or otherwise unenforceable." Last year, the NCAA eliminated such waiver forms due to the fact that some schools told the athletes that signing the waivers was mandatory.
Steve Berkowitz, USA Today 10/07/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

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