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Texas Trial Lawyers Association


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October 15, 2013

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The Plaintiff's Resource

Upcoming Online CLE

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

24
Oct

Jury Persuasion

13
Nov

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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.

Study


Study: Hospital CEO Pay Not Tied to Quality of Care

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Hospital CEOs' pay isn't linked to their hospital's benefit to the community. Nor is it linked to the quality of care the hospital provides, a new study found. Instead, the chief executive officers, or CEOs, tended to earn more at hospitals with high patient satisfaction ratings and advanced technology.
Genevra Pittman, Reuters 10/15/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters

Laws/Cases


Coal Waste Lawsuit Filed by W.Va. Residents

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Over 50 residents of West Virginia's Hancock County filed a lawsuit last week against FirstEnergy Corp. for the smell, seepage and alleged property damage caused by one of their coal ash dumps. The residents say that the effects of the waste dump range from yards that are constantly wet, shifting foundations, mold, and terrible odors. The lawsuit accuses FirstEnergy of "trespassing by releasing hazardous materials on to their properties and being a nuisance." The lawsuit seeks compensatory and punitive damages for what they call negligence by FirstEnergy in not remediating the site.
Rich Lord, Pittsburgh Post-Gazette 10/15/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Pittsburgh Post-Gazette

Lawsuit Filed Over the Skiing Injury of 5-Year-Old

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A lawsuit has been filed against a Vermont ski resort and a ski instructor who hit and severely injured a five-year-old on the ski slopes in April. According to the lawsuit, the ski instructor was traveling down the slope at about 50 miles per hour when he collided with the five-year-old who was taking a ski lesson. The girl sustained injuries including a liver laceration, concussion, a partially collapsed right lung, a pulmonary contusion, hearing loss and damage to her left inner ear. The lawsuit alleges that the resort was negligent in the hiring and training of the ski instructor.
Sam Hemingway, Burlington Free Press 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Burlington Free Press

MN Woman Files Lawsuit Over Priest's Sex Abuse

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A Twin Cities, Minnesota woman has filed a lawsuit against the Catholic priest she alleges sexually abused her when she was 13. The lawsuit accuses the defendant of unpermitted, harmful and offensive sexual contact with the woman while he was a seminary student between about 1997 and 2000. The plaintiff's father previously filed a complaint in 2006 but an attorney found that there was not enough evidence to pursue criminal charges. The woman, now in her 20's, was prompted to come forward with the lawsuit after recent allegations about church leaders. The lawsuit alleges the woman suffered severe and permanent emotional distress, loss of self-esteem, humiliation and psychological injuries" and seeks more than $50,000 in damages.
Patrick Condon, Duluth News Tribune 10/15/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Duluth News Tribune

Malpractice


Infant Death Leads to Malpractice Lawsuit in KY

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A Kentucky doctor is facing a medical malpractice lawsuit over the death of an infant in 2010. According to the suit, the defendant was "negligent in not remaining with and monitoring the patient ” who was in respiratory failure ” after he treated him." A jury ruled in May that the defendant "failed to exercise the degree of care and skills expected of a reasonably competent emergency room physician and that the failure was a substantial factor in causing the injuries to the patient." The lawsuit led the Kentucky Board of Medical Licensure to file a complaint against the doctor.
Valarie Honeycutt Spears, Lexington Herald-Leader 10/14/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Lexington Herald-Leader


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