Texas Trial Lawyers Association

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October 14, 2013

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The Plaintiff's Resource

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The Evolution of Rules of the Road to Rhetorical Questions


Maximizing Damages in Wrongful Death Cases


The Do's and Don'ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides


Jury Persuasion


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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.


Study Ties Chemical to Possible Miscarriage Risk

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New research suggests that high levels of BPA, a chemical in many plastics and canned food linings, might raise the risk of miscarriage in women prone to that problem or having trouble getting pregnant. The work is not nearly enough to prove a link, but it adds to "the biological plausibility" that BPA might affect fertility and other aspects of health, said Dr. Linda Giudice, a California biochemist who is president of the American Society for Reproductive Medicine.
MARILYNN MARCHIONE, AP, Star Telegram 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

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Woman Claims Wrongful Termination in NY Fed Lawsuit

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A woman filed a wrongful termination lawsuit on Thursday against the New York Fed in the federal court in Manhattan. The lawsuit alleges that in 2011 in her duties as a senior examiner with the Federal Reserve Bank of New York, the plaintiff found that Goldman Sachs was not meeting the Fed's requirements. After refusing to falsify her findings, the plaintiff was told in a meeting with her supervisors that they no longer valued her judgment and she was fired. The lawsuit seeks reinstatement and damages.
Jake Bernstein, The Washington Post 10/10/2013 Facebook iconTwitter iconLinkedIn Icon

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Lawsuit Filed Over the Sexual Abuse of Girl by Bus Driver

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The father of a girl who was sexually abused by her bus driver has filed a lawsuit against the driver and the school district. The lawsuit alleges that the driver assaulted the girl from 2006 to 2009 when she was between the ages of 8 and 12. According to the suit, the girl was the first student on the bus route and the driver would take her to a secluded spot to abuse her. The driver was indicted on 20 counts in 2010, "but under a plea-bargain agreement entered in May 2013, [the driver] pleaded guilty to a single count of committing an unlawful act on a child" and was placed on probation.
Ben Horowitz, 10/13/2013 Facebook iconTwitter iconLinkedIn Icon

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Can Technology Help in Battle Against Distracted Driving?

When it comes to preventing accidents caused by distracted driving, a new debate is brewing: more technology or less? Drivers are glued to increasingly popular and powerful cellphones and gadgets. States and cities are often restricting their use for drivers behind the wheel, but technology companies and other advocates are confident that new devices can help make the roads safer. It's an epidemic, as far as we're concerned, Thomas Malone, president of Audiovox Electronics Corp., said at a forum on the issue in Washington last week. But it's also an opportunity for tremendous innovation.
NICK SWARTSELL , The Dallas Morning News 10/14/2013 Facebook iconTwitter iconLinkedIn icon

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Aging Dams Stir Concern in Texas

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Despite a drought that continues to dry up the state's lakes and reservoirs, water experts have raised concerns about the quality of the state's 7,500 dams, many of which are in poor condition or are nearing the end of their life spans.
Mose Buchele, StateImpact Texas, Texas Tribune 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

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Federal Judges Push Back

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A growing number of federal chief judges have had enough. Frustrated by the budget stalemate in Congress, many judges across the country declared all employees essential in the face of a shutdown”a bold but necessary move, the judges said, to ensure basic court operations past the judiciary's funding date of October 17.
Zoe Tillman, The National Law Journal - $$ Subscription Required 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

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Justice's Wheels Slowed as Shutdown Hits Federal Courts

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The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday. If the shutdown goes on into the second half of October, juror reimbursement funds could run out ” which would force courts to issue IOUs to jurors for their service. Courts may have to grapple with security issues: the U.S. Marshal service has been working without pay, but it's unclear how long that can continue, said Charlie Hall, a spokesman for the Administrative Office of the U.S. Courts.
MATT VOLZ and GILLIAN FLACCUS Associated Press, Chicago Sun-Times 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

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Patients Mired in Costly Credit From Doctors

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In dentists' and doctors' offices, hearing aid centers and pain clinics, American health care is forging a lucrative alliance with American finance. A growing number of health care professionals are urging patients to pay for treatment not covered by their insurance plans with credit cards and lines of credit that can be arranged quickly in the provider's office. The cards and loans, which were first marketed about a decade ago for cosmetic surgery and other elective procedures, are now proliferating among older Americans, who often face large out-of-pocket expenses for basic care that is not covered by Medicare or private insurance.
JESSICA SILVER-GREENBERG, The New York Times 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death

Widow Files Lawsuit After Deadly Plane Crash

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The widow of a passenger in a deadly plane crash has filed a lawsuit against the estate of the plane's pilot alleging that the crash could have been avoided. The woman's husband was flying with the pilot and his family from New Jersey to Georgia in December 2011 when the plane malfunctioned due to icy weather conditions. All five of the plane's passengers died in the crash. The lawsuit alleges that the pilot "failed to get a weather briefing before taking off, failed to avoid icing conditions and failed to declare an emergency once the icing began." The lawsuit seeks unspecified financial damages for the plaintiff and her three children.
Louis C. Hochman, 10/11/2013 Facebook iconTwitter iconLinkedIn Icon

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