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September 19, 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
18
Oct
Expert Investigations Using Plaintiff Only Databases
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.

TTLA Annual: What You Absolutely Positively Gotta Know About...
TTLA Annual CLE Seminar: Dec 7th & 8th at the Ã?ilan Hotel and Spa, San Antonio, TX. Earn up to 9.00 hours MCLE credit including 1.75 hour Ethics credit. Click on the headline to learn more and register.

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 19
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CASSANDRA POLLOCK, Texas Tribune 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Issues

Evidence of Spills at Toxic Site During Floods
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The U.S. government received reports of three spills at one of Houstonâ??s dirtiest Superfund toxic waste sites in the days after the drenching rains from Hurricane Harvey finally stopped. Aerial photos reviewed by The Associated Press show dark-colored water surrounding the site as the floods receded, flowing through Vince Bayou and into the cityâ??s ship channel. The reported spills, which have been not publicly detailed, occurred at U.S. Oil Recovery, a former petroleum industry waste processing plant contaminated with a dangerous brew of cancer-causing chemicals. On Aug. 29, the day Harveyâ??s remnants cleared out, a county pollution control team sent photos to the Environmental Protection Agency of three large concrete tanks flooded with water. That led PRP Group, the company overseeing the ongoing cleanup, to call a federal emergency hotline to report a spill affecting nearby Vince Bayou.
MICHAEL BIESECKER and FRANK BAJAK, Yahoo News 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News

Equifax is Said to Suffer a Hack Earlier Than Date Disclosed
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Equifax learned about a major breach of its computer systems in March -- almost five months before the date it has publicly disclosed, according to three people familiar with the situation. In a statement, the company said the March breach was not related to the hack that exposed the personal and financial data on 143 million U.S. consumers, but one of the people said the breaches involve the same intruders. Either way, the revelation that the 118-year-old credit-reporting agency suffered two major incidents in the span of a few months adds to a mounting crisis at the company, which is the subject of multiple investigations and announced the retirement of two of its top security executives on Friday.
Michael Riley, Anita Sharpe and Jordan Robertson, Bloomberg, Houston Chronicle 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Houston Chronicle


Laws/Cases

Ex-NFL Player Attacked a Man: Tarrant Cnty Jury Orders Him to Pay
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A former NFL player who made three trips to the Super Bowl suffered defeat in a Tarrant County courtroom for assaulting a 61-year-old man outside a Target store in 2014. A Tarrant County civil jury last week ordered Darrien Gordon, 46, to pay David Redelsperger $725,000 for the pain, mental anguish and physical impairment the retired pharmacist has suffered as a result of the assault. Redelsperger alleged the attack was unprovoked and preceded by the racial rant, â??I hate white people like you. I hope you all die.â??
DEANNA BOYD, Star Telegram 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Star Telegram

Roofing Co. Appeals To Texas High Court In Class Cert. Row
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A roofing company told the Texas Supreme Court on Friday that a lower appellate court wrongly upheld class certification for a group of property owners alleging a roofing contractor unlawfully acted as an insurance adjuster, arguing that because there were six different versions of the at-issue contracts, some of which contained arbitration provisions, it is improper for the claims to proceed in a class action. Lon Smith Roofing & Construction petitioned the state's high court for review following the Second Court of Appeals' decision last month.
Michelle Casady, Law360 ($) 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

Montana Asbestos-Disease Claims Still Trickling Into Courts
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More than 17 years after officials uncovered a rampant asbestos contamination from a vermiculite mine that had plagued Libby, negligence claims are still trickling into the courts. This week, 12 cases will go before a federal magistrate judge to determine if they should be heard in state or federal court. Roger Sullivan, whose firm has represented about 2,000 individuals seeking financial compensation after being diagnosed with asbestos-related disease, said those 12 are part of another 840 cases currently pending against the BNSF Railroad Company, the state of Montana and several other entities.
Seaborn Larson, Great Falls Tribune, USA Today 09/19/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today

Fox, Charles Payne Named in Commentator's Lawsuit Alleging Rape
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A contributor to Fox News has filed a lawsuit alleging that she was raped by Fox Business host Charles Payne. The lawsuit filed against 21st Century Fox, Fox News and Payne alleges that the plaintiff, Scottie Nell Hughes, was raped by Payne in 2013. The political commentator, who often appeared on cable news channels, alleges that Payne "pressured" himself into her hotel room and into having sexual intercourse with her despite her objections. The plaintiff also alleges that the network retaliated against her after she reported the assault earlier this year. Among the lawsuit's claims are gender motivated violence, gender discrimination, retaliation and defamation.
Madeline Berg, Forbes 09/18/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Forbes



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