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September 15, 2017

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Upcoming Online CLE
19
Sep
The Step-by-Step Practical Approach to Handling ERISA Subrogation Claims
26
Sep
Drone Law: Property, Privacy, and Injury
27
Sep
Premises Liability Cases - The Basics
3
Oct
The AMA Guides Under Attack: Pennsylvania Declares Use of Guides Unconstitutional Delegation
4
Oct
The Strike for Cause Method of Jury Selection
12
Oct
Low Cost Medical Records Under HITECH/HIPAA
Announcements

TTLA's Texas Family Safety Foundation Hurricane Relief Fund
TTLA has established the Texas Family Safety Foundation Hurricane Relief Fund to raise funds for local relief agencies in the communities affected by Hurricane Harvey. All proceeds will go to support organizations providing assistance to families and businesses in the areas affected by Hurricane Harvey. To make a contribution, click on the headline.

2017 TTLA Car Wrecks Seminars
TTLA's Car Wrecks Seminar is the must-attend program for practitioners of all experience levels. Come away with the tools you need to compete in the courtroom. Seminar registration is open to all TTLA members and those who qualify for membership. This course is open to PARALEGALS for certification and recertification. Click on the headline to learn more.

TTLA Sustaining Membership Drive, September 20 in Dallas
The August 30 Membership Drives in Austin, Dallas and San Antonio brought in 30 new members and helped many of you raise your 2017 Board dues. Thank you to everyone who helped grow the family last week! And now� Another opportunity to raise your Board dues: We have scheduled a Sustaining Membership Drive on September 20 at Payne Mitchell in Dallas. Click on the headline to learn more.

Check Out the TTLA Hurricane Harvey Support Page
TTLA Hurricane Harvey Support Page has information on our relief efforts, Harvey-Related Emergency Orders from the Texas Supreme Court and from the Texas Department of Insurance-Division of Workers' Compensation Commissioner. Click on the headline to learn more.

Texas Tribune Daily Brief

The Brief: Sept 15
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CASSANDRA POLLOCK, Texas Tribune 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

EPA Won't Release Benzene Levels Collected Post-Harvey; Private Tests Show Elevated Levels
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The Environmental Protection Agency has assured the public they looked into complaints in the area a week after the storm hit, and spent several days taking air pollution measurements with a mobile laboratory. The agency didnâ??t release any specifics, but said concentrations of several toxic chemicals, including the carcinogen benzene, met Texas health guidelines. Now, environmental advocacy groups have shared their own, detailed data with ProPublica and the Texas Tribune, based on air sampling from the same Manchester streets over six days. It shows a more nuanced picture than the one given by the EPA: in numerous locations, benzene levels, though under the Texas threshold of 180 ppb, far exceeded Californiaâ??s guideline, which is 23 times more stringent and is well-respected by health advocates nationwide.
KIAH COLLIER, THE TEXAS TRIBUNE, AND LISA SONG AND AL SHAW, PROPUBLICA, Texas Tribune 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Ex-House Speaker Hastert 'Adamantly' Denies Sexual Abuse Claims in Recent Lawsuit
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Former U.S. House Speaker Dennis Hastert has "adamantly" denied child sexual assault allegations against him following his federal indictment. Hastert has asked that a recent lawsuit alleging that he sexually abused a fourth-grader in Yorkville in the early 1970s be dismissed due to the statute of limitations. While Hastert has denied the claims of this newest lawsuit, he has previously admitted to the sexual abuse of some minors decades ago when he was a Yorkville High School teacher and coach. He is currently serving time after pleading guilty to illegally structuring bank withdrawals he used to buy the silence of a former student-wrestler he sexually abused in the 1970s.
Christy Gutowski, Chicago Tribune 09/14/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Chicago Tribune

Brazoria Co. Homeowners Sue Phillips 66 Over Flooded Homes
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Homeowners in Brazoria County say Phillips 66 negligently diverted the flow of floodwaters into their homes during Harvey. In a new lawsuit, the homeowners said the company intentionally dammed the area around the plant with concrete and boxcars, directing the flow of water into residential areas in Sweeny and nearby Magnolia. Plaintiffs also claim the water was contaminated with chemicals from the refinery.
KTRK, KTRK-TV 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: KTRK-TV

Lawsuits Allege Government Liable Under US Constitution for Damage Caused by Controlled Water Releases During Hurricane Harvey
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Texas plaintiffs firms have begun filing lawsuits on behalf of clients who live in Houston neighborhoods that flooded when the Army Corps of Engineers authorized controlled water releases from two reservoirs in the wake of Hurricane Harvey. The suits allege that the intentional flooding was an unlawful government taking of property. An estimated 4,000 Houston homes flooded after the controlled release of water from the Addicks and Barker reservoirs in the early morning hours of Aug. 28, after the Houston area had already been pelted by Harvey rain for two days. In suits filed over the last few days, including a number of class actions, the plaintiffs seek compensation for the unlawful taking of their property in violation of the Fifth Amendment to the U.S. Constitution.
Brenda Sapino Jeffreys, Texas Lawyer ($) 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Lawyer ($)

Investigation Underway RE: Evacuation of Flooded Port Arthur Nursing Home During Harvey
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A criminal search warrant was served at the Lake Arthur Place Nursing & Rehabilitation center in Port Arthur Thursday afternoon. The nursing home came under criticism from families of residents after it's handling of the evacuation of its residents and patients during flooding after Tropical Storm Harvey passed over Southeast Texas. Lawyers for some family members obtained a temporary restraining order against the facility on Friday, September 8, as part of a possible lawsuit. The evacuation took place on August 30.
Ezzy Castro, KBMT, KHOU-TV 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: KHOU-TV


Class Action

Google Facing its First Class Action Sex Bias Lawsuit
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Google is facing a lawsuit alleging that it discriminates against female employees in pay and promotions. Three former employees filed the lawsuit in California state court in San Francisco as the federal government begins an investigation into potential sex bias at the company. According to the lawsuit, Google pays its female employees in California less than men who perform similar work. The lawsuit is the first class action sex bias claim against Google, although several other tech companies have recently faced similar claims.
Daniel Wiessner, Reuters 09/14/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters


Insurance

You May Not Live in Fl or TX, But Your Insurance Rates Could Spike
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People living in the areas slammed by the hurricanes are most at risk for auto and homeowners rate increases. But because insurance is handled by each state individually, people elsewhere in Texas and Florida could see a bump, too. Drivers in states adjacent to those Harvey and Irma hammered also may face rate hikes, because some insurers calculate car insurance rates regionally.
Zlati Meyer, USA Today 09/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today



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