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October 29, 2014 Like TTLA on Facebook Follow TTLA on Twitter

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Market-Related Returns on the Full Value of your fees

Upcoming Online CLE
30
Oct
When the NTSB is involved - Litigating Transportation Accidents involving the National Transportation Safety Board
4
Nov
Power Tips and Tricks for Using Your List Server
5
Nov
TTLA Political Update
6
Nov
'The Grisly Audit' Wrongful Death Damages
13
Nov
Strong Evidence Based LHWCA or DBA Claims
18
Nov
Understanding ERISA
19
Nov
MSP Case Law Update
20
Nov
Readying Strong LHWCA or DBA Hearings
25
Nov
Cross Exam of the DME
Announcements

Early Voting Ends Friday!
Take the time to vote! Early voting in Texas ends on Oct 31st.

TTLA Advocates Board Nominations Due Nov. 7th
It's time to nominate yourself or a colleague for the 2015 Advocates Board! This important group of leaders supports the mission of TTLA, and provides opportunities for our younger members to get involved in a meaningful way. Click on the link above to access the nomination form. Questions? Contact lmellors@ttla.com or call (512) 476-3852. Click on the headline to access the nomination form.

Register NOW for our Annual President's Meeting & Advanced PI CLE!
Online registration is now open for our year-end conference, featuring an innovative and interactive Advanced PI CLE (Dec 4th) and our Annual Board & Membership Meeting (Dec 5th). Register now to attend at the Sheraton Hotel in Austin. Other events include the Advocates Annual Meeting, Awards Reception, and PAC event. Click on the link above to learn more and register. Hotel room rate expires November 3rd. Watch for updates on Twitter @ttla_ #ttlaannual.

Texas Tribune Daily Brief

The Brief for Oct 29
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Compilation of Texas news by the Texas Tribune.
John Reynolds, Texas Tribune 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

The Shale Life Project
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Where there's oil and natural gas, there's money to be made and jobs to be found. But the challenges these dramatic booms present for communities across South and West Texas are immense. Use our 15-part multimedia series ' the result of more than six months of reporting from the state's most active shale plays ' to see how surging energy production is changing lives and fortunes across Texas.
Texas Tribune Staff , Texas Tribune 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Takata Plaintiffs Seek Immediate Evidence for Air Bag Lawsuit
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Consumers suing Takata Corp. and automakers over recalled air bags asked a judge in Miami to order the companies to immediately turn over evidence on who knew the products were potentially defective. The evidence may be used to seek a court order removing the vehicles from U.S. roads, forcing expanded recalls or requiring carmakers to provide rental cars, according to a court filing today.
Margaret Cronin Fisk , Bloomberg 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Bloomberg

Judge Orders Mediation in Trinity Guardrail Litigation
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A federal judge on Tuesday ordered mediation in a lawsuit over a suspected design flaw in highway guardrails made by Trinity Industries Inc, which resulted last week in a $175 million jury verdict against the company. U.S. District Judge Rodney Gilstrap in Marshall, Texas ordered Trinity and the whistleblower who brought the case to attend mediation with Duke University Law Professor Francis McGovern by Dec. 31.
Jonathan Stempel, Reuters 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters

Burlington Woman Awarded $9.5m in Cancer Suit
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A Middlesex County jury has awarded $9.5 million to a Burlington woman who sued her doctor at a Waltham fertility clinic for failing to detect her ovarian cancer, which has progressed to an advanced stage, according to court records and her lawyer. The award on Monday for Cristen Lebel, 41, of Burlington, and her husband, Russell, increased to $11.3 million with interest, according to her lawyer.
Travis Andersen, Boston Globe 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Boston Globe

Former UT Longhorn Files $50M Class Action
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A former University of Texas football player diagnosed with early onset Alzheimer's disease has filed a $50 million class action lawsuit against the NCAA, claiming the repeated traumatic head impacts he suffered as a player caused his health problems. Julius Whittier played as an offensive lineman and a tight end for UT from 1969-1972. According to his lawsuit he was diagnosed with Alzheimer's disease in 2012. Whittier's class action lawsuit includes all former NCAA football players who played from 1960-2014 who did not go on to play professional football and who have been diagnosed with a latent brain injury or disease.
Staff, KEYE-TV 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: KEYE-TV

Church Faces Lawsuit Over Assault By Youth Pastor
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The family of a victim of sexual assault by a youth pastor from Houston, Texas has filed a lawsuit years after the crime. The former pastor was convicted in 2013 of soliciting sex from a minor and of sexually assaulting another and is currently serving a five year sentence. The family of one of the victims has filed suit against Second Baptist Church and Community of Faith Church who sent pastors to a local middle school during lunchtime to recruit students to church. According to the lawsuit, the church "placed [the pastor] in a position that allowed him to manipulate children." After visiting the school, the former pastor began texting a 12-year-old girl. He eventually exposed himself to her via Skype and asked her to take her clothes off. The lawsuit alleges that the church failed to protect the girl from the sexual assault and requests that the church stop sending pastors to school to recruit teens. It also asks that the church reveal all the schools its pastors have visited in the last 10 years.
Staff Report, KHOU-TV 10/28/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: KHOU-TV


Products

Chrysler Recalling 381,876 Ram Trucks for Fire Hazard
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Fiat Chrysler Automobiles NV's Chrysler Group said on Wednesday it is recalling 381,876 Ram trucks mostly in the United States to correct a potential fire hazard. Chrysler said in a statement that problems with 2010-2014 Ram 2500 and 3500 pickups and 4500 and 5500 chassis cabs equipped with Cummins diesel engines could cause fuel-heater housings to overheat and fuel to leak.
Reuters, Yahoo News 10/29/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News


Healthcare

New Studies Show "Caps" on Damages Ruin Health Care
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New research by esteemed, longtime academics in the field of medical malpractice examined the impact of caps on preventable errors in hospitals. They looked at national Patient Safety Indicators (PSIs) in states that enacted caps during the last "hard" insurance market (2002 to 2005) and then compared these data to other "control" states. PSIs include such things as operative and post-operative errors, infections, birth-related errors and cases at risk, like hospital-acquired pneumonia. They found "consistent evidence that patient safety generally falls" after caps are enacted. They said, "The broad relaxation of care suggests that med mal liability provides â?˜general deterrence' ' an incentive to be careful in general ' in addition to any â?˜specific deterrence' it may provide for particular actions...' Notably, this is the first study ever that evaluates the health consequences of any kind of "tort reform.'
Center for Justice & Democracy, Center for Justice & Democracy 10/27/2014 Facebook iconTwitter iconLinkedIn Icon
Read Article: Center for Justice & Democracy



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