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Texas Trial Lawyers Association


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  September 16, 2013

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Upcoming Online CLE

17
Sep

Social Media: Identifying the Ethical Pitfalls of the Communications Revolution

19
Sep

High Stakes Jury Selection:

24
Sep

Voir Dire

25
Sep

Defeating Discovery Abuse in Federal Courts

26
Sep

Trial Programs for the iPad

Announcements


 

 

2013 Making a Difference Award

TTLA is now accepting nominations for the Making a Difference Award which is periodically awarded at the discretion of the TTLA Executive Committee and recognizes a client (past or present) of a TTLA member whose actions demonstrates the critical role of the civil justice system in protecting the rights of Texas families. Nominees should demonstrate a desire to promote the public good through the civil justice system and best exemplify the attributes of a true advocate. Nomination deadline is November 1, 2013. Click on the headline to download the nomination form.  

 

2013 Legends CLE: "Tales From the Crypt" October 30 - 31 in Austin

Back by popular demand, our Second Annual Legends Seminar brings you "Tales From the Crypt," October 30 - 31, 2013 in Austin at the Four Seasons Hotel. This year's underwriters - Fibich, Hampton, Leebron, Briggs & Josephson; The Gallagher Law Firm; Payne Mitchell Law Group and Watts Guerra - dug deep to bring you the power of over 800 years of legal experience to add to your cauldron of trial strategies. Click on the headline to learn more and register.  

 

Laws/Cases


 

 

Ohio's Red-Light Traffic Cameras Result in Two New Lawsuits

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Two lawsuits over the use of red-light cameras have been filed in Ohio. The suits, the latest of which filed last week, seek retribution for all the drivers who have paid a penalty for running a red light based on a photo taken of their license plate. One of the biggest complaints of the suit is that by using a third party to manage the citations, the city is robbing offenders of the right to appear in court. The state of Ohio is currently discussing the issue of a statewide ban on red-light cameras.
John Futty, Columbus Dispatch 09/14/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Columbus Dispatch    

 

Legal Battle Over Water Contamination Lawsuit

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A Pennsylvania couple who is among many who filed suit in 2009 against a natural gas driller over the contamination of their water wells, is still involved in a legal battle. Unlike the other 40 plaintiffs, the couple has rejected a settlement from the company and is now undergoing scrutiny for using the help of two attorneys while claiming to represent themselves in the suit. One of the attorneys is now representing the couple in the case.
Terrie Morgan-Besecker, The Scranton Time-Tribune 09/15/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Scranton Time-Tribune    

 

5th Circuit Certifies Deepwater Horizon Questions to Texas High Court

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Fundamental questions about the reach of commercial-liability policies in massive pollution cases are headed to the Texas Supreme Court, after the 5th U.S. Circuit Court of Appeals sent an appeal involving the Deepwater Horizon explosion to the state's highest civil court for consideration. The certified questions the 5th Circuit forwarded to the Supreme Court arise out of the 2010 explosion of the Deepwater Horizon, an offshore drilling platform that sank in the Gulf of Mexico and caused the largest oil spill in U.S. history.
John Council, Texas Lawyer 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Lawyer    

 

Age Discrimination Lawsuit Filed Against TX County

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A former employee of the District Clerk's Office of Gregg County, Texas has filed an age discrimination lawsuit claiming her former employer did not comply with the Americans with Disabilities Act. In 2009, the woman began having medical issues when she learned she had spinal stenosis and a herniated disk. Two years later, she was told by her physician to fill out paperwork for the Family Medical Leave Act. The plaintiff claims that upon her return to the office, she was required to file case folders all day which caused her more physical pain. After missing a week of work due to back pain and injection treatments, she was terminated. The lawsuit against the county claims that it did not provide reasonable accommodations for her and violated the Americans with Disabilities Act.
Staff Report, Longview News-Journal 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Longview News-Journal    

 

Products


 

 

Suzuki Recalls 193,936 Grand Vitara and SX4 Vehicles

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Suzuki is recalling 193,936 cars and SUVs because of a defective air bag sensor in the front passenger seat. Grand Vitara SUVs from the 2006 through 2011 model years and SX4 small cars from the 2007 through 2011 model years are involved.
Associated Press, Star Tribune-South Metro 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Star Tribune-South Metro    

 

Caution a Must at Trampoline Parks

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National numbers from the Consumer Product Safety Commission also show a surge in injuries since backyard trampolines and trampoline parks have become all the rage again. Last year, there were 94,900 hospital emergency room injuries tied to trampolines. In 1991, there were only 38,000. Twenty-two people have died from 2000 to 2009” some at parks, some at homes.
Lee Rood, DesMoines Register 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: DesMoines Register    

 

Issues


 

 

TX Supporters of Texting Ban Say Statistics Underestimate Dangers of Distracted Driving

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State troopers and local police officerUnderes listed cellphone use as a contributing factor in 3,283 accidents in 2012. But traffic safety experts say the number vastly understates the true extent of the problem. The suspicion is that cellphone use ranks with DWI and speeding as chief causes of injury and death on streets and highways. Nearly two dozen Texas cities have prohibited texting and driving. Efforts to impose a statewide ban have failed in the Legislature even though safety advocates suspect that cellphone use is increasingly the cause of accident injuries and death. But that assertion is hard to prove because of data-gathering problems.
SCOTT K. PARKS , The Dallas Morning News 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    

 

TX Seeks More Scrutiny of Foster Parents as Number of Children's Deaths Rise

 

More Texas children are dying in foster care, prompting the state to call on private contractors to more thoroughly vet prospective foster parents. Officials want the vendors' workers to look for subtle signs of mistreatment as they visit children in foster homes each month. Ten foster children died under suspicious circumstances in the fiscal year that ended Aug. 31, officials said Friday. Four deaths have been ruled the result of abuse and neglect, but the other six are still under investigation, said Patrick Crimmins, spokesman for the Department of Family and Protective Services.
ROBERT T. GARRETT , The Dallas Morning News  09/16/2013  Facebook iconTwitter iconLinkedIn icon

Read Article: The Dallas Morning News    

 

Litigation Finance Is a Growing, but Risky, Field

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Litigation finance is a growing field that now includes a number of specialty firms that maintain multimillion-dollar portfolios devoted to legal investments. Hedge funds and individual investors also occasionally purchase stakes in litigation as part of a broader investment strategy. Critics are concerned that the practice could give outside investors undue influence over legal decisions and allow frivolous lawsuits to go forward, driving up the overall cost of litigation.
JENNIFER SMITH, Wall Street Journal - $$ Subscription Required 09/16/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Malpractice


 

 

Suit Filed Against Hospital After Woman Bleeds to Death

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The family of a California woman who bled to death after a routine surgery in 2011 has filed a malpractice lawsuit against the hospital and the doctors. The woman died 14 hours after she got home after having a birth control device removed at the hospital. The lawsuit went to trial last Thursday in Fresno County Superior Court and was scheduled to continue today.
Wire Report, The Sacramento Bee 09/14/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Sacramento Bee    


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