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September 08, 2011

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Suit Against SeaWorld Tossed Out

Texas Court Says Client Wins When Fee Agreement is Ambiguous

$3.4M Jury Verdict in Texas Case Against Medical Malpractice Insurer

Women Sue Boy Scouts Over Sexual Abuse at Montana Co-ed Program

Toyota, Plaintiffs' Lawyers Spar on Trial Plan

Suit: College Discriminated Against Professor

DuPont Starts Imprelis Claims Process

 

 

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Announcements

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2011 Reel Justice Fishing Tournament, Sep 30 - Oct 1 in Port Aransas

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Join the TTLA Advocates for our first Annual Reel Justice Fishing Tournament, and see who gets bragging rights as TTLA's fishing champion! The fun starts Friday evening with a Welcome dinner, where you'll meet your guide and pick up your tournament materials. Saturday morning at first light, it's ON! Registration fee includes boat, guide, Welcome dinner on Friday, breakfast, lunch & snacks on Saturday, tournament t-shirt, and other goodies!  

 

Road Rules Dallas: A CRASH Course (Car Wrecks CLE) October 6, Dallas

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TTLA's exceptional Car Wrecks program is coming to Dallas! Topics for this live program include opening with the reptile, paid/incurred, UM/UIM issues, trucking and more. Non-members welcome.REGISTER NOW online. Questions? Contact Rhonda High or call (512) 476-3852. Our chairs Bob Haslam and Clay Miller will also bring us six hours of informative CLE.  

 

Laws/Cases

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Suit Against SeaWorld Tossed Out

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A Florida judge has dismissed a lawsuit filed against SeaWorld Orlando by a family whose son suffered "emotional distress" after watching a killer whale drown one of the trainers. The judge ruled that the family "failed to state a cause of action against SeaWorld for negligent or intentional infliction of emotional distress." The judge said she had no doubt that the child was traumatized by the event, but dismissed the lawsuit with prejudice.  Anthony Colarossi, Orlando Sentinel  09/07/2011

Read Article: Orlando Sentinel    

 

Texas Court Says Client Wins When Fee Agreement is Ambiguous

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The Texas Supreme Court's split decision in Anglo-Dutch Petroleum International Inc. v. Greenberg Peden, et al. addresses whether an attorney's fee agreement was ambiguous. The client alleged that a fee agreement on law firm letterhead, signed by the lawyer on behalf of the firm, was with the firm, not the lawyer personally, and therefore he should not be paid in full. But the lawyer countered that his use of personal pronouns in the agreement, among other things, created an ambiguity over fees to be resolved by a jury. A majority of the high court agreed with the client's argument and reversed Houston's 14th Court of Appeals, which had affirmed a $1 million jury award to the lawyer. The Supreme Court remanded the case to the trial court for further proceedings.  John Council, Texas Lawyer  09/08/2011

Read Article: Texas Lawyer    

 

$3.4M Jury Verdict in Texas Case Against Medical Malpractice Insurer

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A doctor was awarded $3.4 million after jurors found that a Texas-based medical malpractice insurer committed unfair and deceptive practices when it wrongly denied insurance coverage after the doctor was sued by a former patient. In the verdict, issued Aug. 17, 2011, a Dallas County jury found that Medicus Insurance Company misrepresented the quality and standards of its indemnification practices. The case is Colombrito v Medicus Insurance Company, No. DC-10-02691. The verdict was issued in the 14th District Court in Dallas County.  Denise Johnson, Claims Journal  09/08/2011

Read Article: Claims Journal    

 

Women Sue Boy Scouts Over Sexual Abuse at Montana Co-ed Program

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Five women who were sexually abused by a scout leader in the 1970s when they were children in a Montana co-ed program sued the Boy Scouts of America on Wednesday, saying the organization should be held responsible for the man’s actions. The women, who are now in their 50s, say William H. Leininger Jr. repeatedly raped or molested them under the pretense of demonstrating first-aid techniques in the Explorer Scouts program when they were between the ages of 11 and 15. Leininger was convicted in 1976 of abusing the five girls and a sixth who is not involved in the lawsuit. He was convicted again in 1982 of another charge of sexual intercourse without consent, according to Montana Department of Corrections records. Leininger died in prison in 2002 at age 80.  Associated Press, The Washington Post  09/08/2011

Read Article: The Washington Post    

 

Toyota, Plaintiffs' Lawyers Spar on Trial Plan

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Toyota Motor Corp is battling with plaintiffs' lawyers over how many vehicle owners the company can interview ahead of a potential trial over sudden unintended acceleration claims. Owners of the cars brought suit against Toyota, claiming their cars lost value because they were recalled for safety concerns. Lawyers for the complaining owners are seeking class-action status for the complaints. The lawyers say Toyota wants too much latitude in deposing up to 250 so-called economic loss plaintiffs through 2013. The plaintiffs want to limit the depositions to 50 Toyota owners named in the lawsuit.  Moira Herbst, Reuters  09/08/2011

Read Article: Reuters    

 

Suit: College Discriminated Against Professor

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A lawsuit has been filed against Tarrant County College in northeast Texas, claiming school officials violated the U.S. Constitution by refusing to interview a job candidate due to her sexual orientation. The plaintiff worked at TCC as a full-time temporary professor, but was not allowed to interview for the position when it became permanent, the suit says. The plaintiff feels she was denied the interview because she is a lesbian.  Diane Smith, Ft. Worth Star Telegram  09/07/2011

Read Article: Ft. Worth Star Telegram    

 

Issues

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DuPont Starts Imprelis Claims Process

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Facing lawsuits over damage to trees by its weedkiller Imprelis, DuPont Co. is notifing lawn care professionals and golf course superintendents outlining details of a claims resolution process. DuPont is offering to compensate landscapers for the removal and replacement of trees destroyed by Imprelis, with a two-year warranty on all replacement trees. The company also is offering to pay for efforts to save other trees affected by Imprelis and to pay to replace those that do not recover satisfactorily by June 2012. Property owners with validated damage claims would be eligible for additional direct payments, but only if they waive their rights to sue.  Associated Press, The Washington Post  09/08/2011

Read Article: The Washington Post    


The Plaintiff's Resource

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