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September 12, 2012

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Police Blundered Murder Investigation, Suit Settled

Appeals Court Upholds Attorney’s Award for Blowing Whistle on State Judges

BP Spill Victims Claim Gulf Hurricane Undermines Accord

Plan for 85 MPH Road Draws Safety, Fairness Concerns

Cellphone Ban Moves Forward

Legislator Wants to Reopen State Farm Investigation

Suit Claims Muslim Man Harassed by Co-Workers at UPS Store

Houston's 14th Court of Appeals: Insurance Law

Suit Over Fatal Gas Explosion Settled

 

 

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Laws/Cases

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Police Blundered Murder Investigation, Suit Settled

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The city of Albuquerque has agreed to settle a $439,000 lawsuit with a local woman whose husband was murdered by a serial killer. In her lawsuit, the woman claimed city police "bungled an earlier murder investigation" into victims of the killer, and should have arrested the killer before 2008, which would have saved the man's life. The killer, Clifton Bloomfield, has been sentenced to 195 years in prison for five murders.  Wire Report, San Francisco Chronicle  09/12/2012

Read Article: San Francisco Chronicle    

 

Appeals Court Upholds Attorney’s Award for Blowing Whistle on State Judges

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An appellate court has upheld a judgment now totaling about $1 million awarded to Dallas attorney Chris Koustoubardis after he was fired for blowing the whistle on fellow judges at the Texas Youth Commission four years ago. Officials at the agency, now known as the Texas Juvenile Justice Department, have indicated they may appeal the decision to the Texas Supreme Court. In addition to Koustoubardis’ case, several scandals have plagued the TYC in recent years, including allegations of sexual abuse and official cover-ups.  DIANE JENNINGS , The Dallas Morning News  09/12/2012

Read Article: The Dallas Morning News    

 

BP Spill Victims Claim Gulf Hurricane Undermines Accord

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BP’s proposed $7.8 billion partial settlement of 2010 Gulf of Mexico oil-spill claims shouldn’t be approved because last month’s hurricane shows how the extent of the spill’s damage still isn’t known, a victim’s lawyer said. Large amounts of weathered oil and tar were washed up after Hurricane Isaac struck land in the Gulf of Mexico, showing that the spill hasn’t been contained and is still affecting the region, Stuart Smith, a lawyer for hundreds of Gulf Coast property owners and fishing and tourism businesses, said in a letter to the U.S. magistrate judge overseeing litigation over the 2010 spill.  Bloomberg, Houston Chronicle  09/12/2012

Read Article: Houston Chronicle    

 

Issues

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Plan for 85 MPH Road Draws Safety, Fairness Concerns

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The news that Texas has approved an 85 mph speed limit for a stretch of toll road under construction outside of Austin has attracted international attention. It’s also quickly generated controversy on two fronts. One group of critics is accusing the Texas Department of Transportation of recklessness for approving the fastest speed limit in the country for the new portion of State Highway 130 that will run from Austin to Seguin. Another is wondering whether the frontage roads running along the toll road are being given an artificially low speed limit in order to boost the toll road's revenue.  Aman Batheja, Texas Tribune  09/12/2012

Read Article: Texas Tribune    

 

Cellphone Ban Moves Forward

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The Amarillo City Commission took the first step Tuesday toward a citywide ban on cellphone use while driving. Commissioners voted 4-1 to prohibit drivers from using cellphones, GPS devices or even handheld electronic games. The move requires a final vote, scheduled for Sept. 18. Use of speakerphones or hands-free devices would still be permitted.  Kevin Welch, Amarillo Globe-News  09/12/2012

Read Article: Amarillo Globe-News    

 

Insurance

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Legislator Wants to Reopen State Farm Investigation

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Following news reports that the Travis County district attorney's office has opened a criminal investigation of State Farm over its handling of tens of thousands of insurance claims after Hurricane Ike, a legislator is asking the TDI to reopen its own investigation of the nation's largest insurer. “Given that law enforcement is now investigating State Farm for the exact same concerns I raised with you eleven months ago, this problem can no longer be ignored,” state Sen. Rodney Ellis, D-Houston, wrote in a letter to Commissioner Eleanor Kitzman. Kitzman responded to Sen. Ellis’ letter. “The District Attorney may have information that was not provided or available to TDI previously,” wrote Kitzman in the letter. “Given the severity of the accusations made by the District Attorney, TDI is carefully considering its options for further regulatory action in this matter.”  Becca Aaronson, Texas Tribune  09/12/2012

Read Article: Texas Tribune    

 

EEOC

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Suit Claims Muslim Man Harassed by Co-Workers at UPS Store

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The Equal Employment Opportunity Commission has filed a lawsuit on behalf of a San Francisco Muslim man who says he is being harassed by co-workers at a local UPS store. The man, who has worked for UPS since 1995, claims that in the last eight years or so, co-workers have called him names such as "Dr. Bomb" and "Al Qaeda" while accusing him of being a terrorist.  Bob Egelko, San Francisco Chronicle  09/11/2012

Read Article: San Francisco Chronicle    

 

TEXAS LAWYER CASE SUMMARIES

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Houston's 14th Court of Appeals: Insurance Law

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This appeal focuses on whether the claimants were in the course and scope of their employment when they were injured returning to work after eating lunch. The record contains evidence of multiple purposes -- both work-related and personal -- that were accomplished during the lunch break and promoted by the claimants' lunchtime travel. The trial court's summary judgment is reversed and remanded. Texas Mutual Insurance Co. v. Jerrols, Houston's 14th Court of Appeals, No. 14-11-00131-CV, 09-06-2012.  Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only)  09/12/2012

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Wrongful Death

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Suit Over Fatal Gas Explosion Settled

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Gas company Ameren Missouri has reached a confidential settlement with the daughters of a couple that died when their home exploded in 2008 from a natural gas leak. The suit argued Ameren had "superior knowledge" of the gas distribution system and should have shut off the line flowing into the victim's house before it reached dangerous levels.  Andrew Denney, Columbia Daily Tribune  09/11/2012

Read Article: Columbia Daily Tribune    


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