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September 24, 2012

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Lawsuit Filed by Patrons Injured in Movie Theater Shooting

Harris County Pays $150,000 in Discrimination Suit

Fatal Shooting by Scottsdale Officer Prompts Suit

Appeals Court Upholds Medical Liability Damages Cap

Parents Ask Supreme Court to Decide If They Can Take Case to Trial

New System for Patients to Report Medical Mistakes

Parents of Dead NHL Player File Lawsuit

 

 

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Laws/Cases

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Lawsuit Filed by Patrons Injured in Movie Theater Shooting

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Three people injured during the shooting in Colorado during a screening of "The Dark Knight Rises" have filed a lawsuit against the theater owners over lack of security. The suit claims that "readily available security procedures, security equipment and security personnel would likely have prevented or deterred the gunman from accomplishing his planned assault on the theater's patrons." The plaintiffs were among 58 who were wounded in the event; 12 were killed.  Michael Walsh, New York Daily News  09/22/2012

Read Article: New York Daily News    

 

Harris County Pays $150,000 in Discrimination Suit

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Harris County, Texas, has settled a $150,000 lawsuit with a former employee who had accused the county of sexual harassment and discrimination. In her lawsuit, the woman claimed that county officials tried to force her to take a drastic pay cut or be fired due to a relationship she had with a male supervisor. She also claimed that for years before the brief relationship began, the supervisor "pressured" her for a sexual relationship despite him being married.  Mike Morris, Houston Chronicle  09/20/2012

Read Article: Houston Chronicle    

 

Fatal Shooting by Scottsdale Officer Prompts Suit

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The family of a man killed by a Scottsdale police officer in February have filed a lawsuit against the city and department. Police responded to a 9-1-1 call from the man's neighbor, saying he was waiving a pistol in the street at people; when officers arrived, the man was in his house babysitting his grandson. According to the suit, he came to the door holding the baby; officers saw a "black object" in his hand believed to be a gun, and shot him in the head - the object turned out to be a cell phone. The officer who killed the victim has been involved in six fatal shootings prior to this incident, the suit states.  Laurie Merrill , Arizona Republic  09/23/2012

Read Article: Arizona Republic    

 

Appeals Court Upholds Medical Liability Damages Cap

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A Texas appeals court has upheld as constitutional the state’s $250,000 noneconomic damages cap in medical liability cases. The decision is the first time an appellate court has validated the limit under the state’s constitution. A federal court in March upheld the cap under the U.S. Constitution.  Alicia Gallegos, American Medical News  09/24/2012

Read Article: American Medical News    

 

Parents Ask Supreme Court to Decide If They Can Take Case to Trial

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Three years after their mentally ill and suicidal son was fatally shot by a Garland police officer, the teenager’s parents have not given up on getting their day in court. Ruddy Elizondo’s parents say police used excessive force, violating their son’s civil rights, and have asked the U.S. Supreme Court to allow them to take their case against the city of Garland to trial. Lower courts have dismissed the case. Advocacy groups point to the shooting as more evidence that law enforcement needs better training in dealing with the mentally ill. Garland City Attorney Brad Neighbor says no day in court is necessary because no constitutional rights were violated and “all of our officers have mental-health training.”  DIANE JENNINGS , The Dallas Morning News  09/24/2012

Read Article: The Dallas Morning News    

 

Healthcare

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New System for Patients to Report Medical Mistakes

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The Obama administration wants consumers to report medical mistakes and unsafe practices by doctors, hospitals, pharmacists and others who provide treatment. Hospitals say they are receptive to the idea, despite concerns about malpractice liability and possible financial penalties for poor performance. In a flier drafted for the project, the government asks: “Have you recently experienced a medical mistake? Do you have concerns about the safety of your health care?” And it urges patients to contact a new “consumer reporting system for patient safety.” The government says it will use information submitted by patients to make health care safer.  Robert Pear, The New York Times  09/24/2012

Read Article: The New York Times    

 

Wrongful Death

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Parents of Dead NHL Player File Lawsuit

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The parents of a former NHL player who died from an overdose of painkillers has filed a lawsuit against the NHL Players' Association seeking to recoup some of the salary that was to be paid to their son. The suit accuses the association of failing to file a grievance seeking the remaining salary from his former team, the New York Rangers. The parents also indicate the Rangers are partially responsible for his death, as team doctors may have aided in his painkiller addiction.  John Branch, The New York Times  09/22/2012

Read Article: The New York Times    


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