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September 18, 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
17
Oct
Traumatic Brain Injuries in Products Liability Cases
Announcements

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 for Sept 18
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CASSANDRA POLLOCK, Texas Tribune 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

â?˜Weâ??ve Been Breachedâ??: Inside the Equifax Hack
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From about mid-May to July 30, hackers ransacked vast troves of information at the credit-reporting company. The breach potentially exposed about 143 million Americansâ?? personal information, including names, addresses, dates of birth and Social Security numbers. The revelations have shaken the company, as well as confidence in a linchpin of the financial system, and triggered a federal criminal investigation. Much remains unknown about the hack attack and how it burrowed so deeply inside the company. Investigators, security experts and Equifax itself are focusing on what the company did or didnâ??t do right in the run-up to the massive intrusion, including the companyâ??s response to the flaw found by Cisco.
AnnaMaria Andriotis, Michael Rapoport & Robert McMillan, Yahoo News 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News


Laws/Cases

Subway Seeks Dismissal of Lawsuit Alleging it Hid Jared Fogle's Misconduct for Profits
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An Indiana judge will hear arguments Tuesday on a motion to dismiss a lawsuit in which Jared Fogle's ex-wife alleges Subway and two partners were negligent in dealing with reports about the former Subway pitchman's inappropriate activities with underage girls. The lawsuit also claims Subway did not have authorization to use her likeness, or those of the coupleâ??s two children in an advertising campaign promoting Fogle as a family man. The â??Jaredâ??s Journeyâ?? campaign was launched, according to the lawsuit, in early 2015.
Tim Evans, The Indianapolis Star, USA Today 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

94-Yr-Old Sues Fl Nursing Home Where 8 Residents Died in Wake of Hurricane Irma
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A 94-year-old woman living at the Florida nursing home where eight residents died after an air conditioning system failed in the wake of Hurricane Irma is now suing the rehabilitation center, claiming it showed "negligence and reckless indifference" toward its elderly residents. Rosa Cabrera's legal guardian filed the lawsuit in a Broward County state court on Friday on her behalf against the Rehabilitation Center at Hollywood Hills in Hollywood, Florida. Eight of the nursing home's residents died last week after the facility's electrical system for its air conditioning stopped working in the aftermath of the hurricane that hit Florida on September 10. Cabrera is a double amputee "without the ability to walk or live independently," the complaint says. She sustained heat-related injuries and had to be hospitalized as a result of the days-long failure of the nursing home's air conditioning system, the complaint alleges.
M.L. NESTEL, ABC News, Yahoo News 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News

Fla. Court Upholds $12M Punitive Damages In Tobacco Case
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A Florida state appeals court upheld a $12.3 million punitive damages award Friday in a suit by a woman whose mother succumbed to smoking-related ailments, ruling that the cap on punitive damages passed by the Florida Legislature in 1999 does not apply to Engle progeny plaintiffs. Florida's Second District Court of Appeal refused to overturn a jury's award of $12,360,024 in punitive damages for Cindy Evers, who claimed her mother Jacqueline Loyd was likely swayed by â??misleading advertising campaignsâ?? by R.J. Reynolds Tobacco Co.
Carolina Bolado, Law360 ($) 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Healthcare

Official Trauma Hospital for D.C. Power Brokers Cuts Costs Amid Sewage Leaks, Safety Problems
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Sewage that leaks down the walls and on the operating room floors is among the many problems at the go-to hospital for Congress and the White House, according to interviews and documents obtained by USA TODAY. The D.C. health department is now investigating the leaks at MedStar Washington Hospital Center only after the department received a complaint, not because it was alerted by the hospital. The problems included the room in which Louisiana Rep. Steve Scalise had his last surgery after being shot at a congressional baseball practice in June.
Jayne O'Donnell, USA Today 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today


Class Action

Lawsuit Blames Fracking Industry for Oklahoma Earthquakes
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Attorneys have returned with a lawsuit that blames earthquakes in the state of Oklahoma on the fracking industry. Class action attorneys have brought back a lawsuit that targets a number of natural gas companies for the recent earthquakes across the state. "By disposing of fracking wastewater deep into the earth, Defendants introduced contaminants into the natural environment that caused an adverse change to it in the form of unnatural seismic activity," alleges the lawsuit.
John O'Brien, Forbes 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Forbes


Products

The Dangers of the Hackable Car
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As vehicles fill up with more digital controls and internet-connected devices, theyâ??re becoming more vulnerable to cybercriminals, who can hack into those systems just like they can attack computers. Almost any digitally connected device in a car could become an entry point to the vehicleâ??s central communications network, opening a door for hackers to potentially take control by, for instance, disabling the engine or brakes.
Chester Dawson, WSJ Blogs 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: WSJ Blogs



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