Texas Trial Lawyers Association


This service sponsored exclusively by The James Street Group

  October 29, 2012

 

 


The Plaintiff's Resource

Upcoming Online CLE

1
Nov

Aletheia Institute Presents: "Liens & Means"

8
Nov

The First-Party Special Needs Trust: a Detailed Review of the Pro’s and Con’s of the Two Types of First-Party Special Needs Trusts

13
Nov

Damages with David Ball and Artemis Malekpour

14
Nov

Professionalism: Using the Precepts of Professionalism in Your Client’s Best Interest

15
Nov

Medicare Liens and Set Asides

Announcements


 

 

2012 Annual Meeting & Advanced PI CLE, December 6-7 at the Four Season's Hotel, Austin

Formerly the TTLA Annual Conference, our December event is now the Annual Meeting & Advanced PI CLE! We've streamlined this event and we're now offering a one-day Advanced PI CLE, along with the Annual Membership & Board Meeting, President's Luncheon, and a spectacular Holiday Party with dinner and dancing with the famous Lee Roy Parnell. Click on the headline to learn more!  

 

Have You Voted?

Find early voting locations in your county, the last day to early vote is November 2.  

 

Examining the Work of State Courts: An Analysis of 2010 State Court Caseloads

National Center of State Courts: The analysis presented here is based on the data provided by staff of the Administrative Offices of the Courts and the Appellate Court Clerks’ Offices. Statewide aggregate caseload data and reporting practices, population trends, and a detailed explanation of the Court Statistics Project methodology are available on this site. Click on the headline to access the report.  

 

Laws/Cases


 

 

TX Supreme Court Rejects Crash Victim's Case

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The Supreme Court of Texas refused for a second time to hear the case of tragic accident victim Michelle Gaines on Friday. Without any explanation, the high court denied her attorneys' request for reconsideration. Gaines, of Palestine, suffered a traumatic brain injury at age 19 on June 11, 2006, when an 18-wheeler hauling an oil rig careened through a red light and crashed into her 2000 Buick. Four years later, a jury awarded Gaines more than $8 million in damages. The truck’s driver, its owner and another businessman involved with the oil rig were held liable. Court documents show the truck lacked working brakes and a jury agreed with Gaines' attorneys that there was an attempt to cover up what happened. The state’s 12th Court of Appeals overturned the verdict last year, ruling there was not enough proof that the businessman, Joseph Pritchett — the only defendant with the money to pay the damages — was liable in the accident.
Alana Rocha, Texas Tribune 10/29/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: Texas Tribune    

 

Products


 

 

Six New Cases Reported in Meningitis Outbreak

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Six new cases of fungal meningitis have been reported in an outbreak tied to contaminated steroid injections that has led to 25 deaths in the United States, the Centers for Disease Control and Prevention said on Saturday. The CDC reported three new cases in Florida, two in Ohio and one in Indiana, raising the total number of meningitis cases attributed to the tainted steroid to 337 in 18 states. This type of meningitis cannot be spread person-to-person. There also are seven reported cases of infections after the tainted steroid was injected into a joint such as a knee, hip, shoulder or elbow.
Reuters, Yahoo News 10/29/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: Yahoo News    

 

Issues


 

 

Texas Cities Differ on Texting-While-Driving Bans

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The bans come as increasing evidence shows the dangers of distracted driving. Studies by the Texas Department of Transportation show traffic fatalities linked to some form of cellphone use increased almost 50 percent from 2006 to 2010. In September, Amarillo banned the use of all mobile devices while driving. According to Mayor Paul Harpole, polls showed 65 percent of residents in Amarillo supported the law. In June 2011, Gov. Rick Perry vetoed a bill written by state Rep. Tom Craddick, R-Midland, that would have banned texting while driving statewide. In a statement, Perry called the bill “a government effort to micromanage the behavior of adults.” A representative for Craddick said he would try again to pass the bill in the 2013 legislative session.
Nick Swartsell , Texas Tribune 10/29/2012    Facebook icon Twitter icon LinkedIn Icon

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Lawyers Helping Penn St Trustees With Settlement

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Talks over potential settlements between Penn State and roughly two dozen men who accuse ex-assistant football coach Jerry Sandusky of sexual abuse have started in “good faith,” said the attorneys assisting the school with negotiations.
Associated Press, The Washington Post 10/29/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: The Washington Post    

 

Malpractice


 

 

Jury Favors Doctor in C-Section Burns Lawsuit

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A New York jury has ruled against a local woman in a malpractice lawsuit against her obstetrician over burns she suffered during a Caesarean section in 2010. The burns were caused by a surgical tool igniting an antiseptic that had been applied to the woman's skin; the jury, however, ruled the obstetrician "was not responsible for prepping [the plaintiff] for surgery." Earlier this year the woman settled a similar suit with the hospital.
Alex Dobuzinskis, Reuters 10/27/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: Reuters    

 

Wrongful Death


 

 

Suit Filed over 9-Year-Old's 2009 Murder

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The mother of a 9-year-old girl who was murdered near her Missouri home in 2009 has filed a lawsuit against the young woman responsible and a healthcare company. The lawsuit claims Pathways Behavioral Healthcare, who had been treating the woman who killed the girl, was aware of the woman's violent tendencies but took no action to detain her, which could have prevented the murder. Nor did the company warn the victim's family, the suit says. The mother is seeking unspecified damages.
Bob Watson, Jefferson City News Tribune 10/08/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: Jefferson City News Tribune    

 

Wrongful Death Suit filed Against AZ Sheriff Arpaio

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A wrongful death lawsuit has been filed against Arizona sheriff Joe Arpaio and his department over the death of a mentally ill inmate in December 2011. The suit claims the man was "tased, punched and manhandled" by jail staff after being booked; he collapsed on the floor after the assault and died five days later, the suit says. The suit is one of many filed against Arpaio and Maricopa County over brutal police behavior.
Staff Report, Chicago Tribune 10/24/2012    Facebook icon Twitter icon LinkedIn Icon

Read Article: Chicago Tribune