TTLA EClips

line

TTLA HomeSearch Litigation BankAbout

September 25, 2012

spacer image

Suit: Camp Refuses to Administer Epilepsy Meds

DOJ To Intervene in New Orleans Prison Suit

Texas Open Meetings Act is Constitutional, Court Rules

TX Sup Court Agrees to Hear Sentimental Pet Value Case

Safer Flights, but Risk Lurks on the Runway

When Surgeons Leave Objects Behind

Should your Education Level, Credit Score Affect Your Insurance Rates?

Verizon Settles Technology Patent Suit with TiVo

 

 

This Service Sponsored Exclusively by
The James Street Group

A Member Service of
Texas Trial Lawyers Association

 

line

Announcements

line

spacer image

 

My TTLA - Enhance Your User Experience

spacer image

We’ve made improvements to the TTLA website that we think will make your user experience better. With the new ‘My TTLA’ page, we’ve created a place where you can manage your ttla.com account from one single page. Click on headline to learn more.  

 

Laws/Cases

line

spacer image

 

Suit: Camp Refuses to Administer Epilepsy Meds

spacer image

A lawsuit has been filed against a camp in Crystal Lake, Ill., that serves children and adults with disabilities over the refusal to administer a specific epilepsy medication to two campers. The medication is administered rectally; instead of giving the medications, camp officials call 911. Parents of the campers are concerned about their children's safety, the suit says, and say the refusal to administer the medication violates the Americans with Disabilities Act.  Annie Sweeney, Chicago Tribune  09/25/2012

Read Article: Chicago Tribune    

 

DOJ To Intervene in New Orleans Prison Suit

spacer image

The Department of Justice has requested permission to intervene in a lawsuit against Orleans Parish Sheriff Marlin Gusman and the local jail, which is allegedly "rife with violence and other unconstitutional conditions." The lawsuit cites numerous examples of uncontrolled violence in the jail as well as the failure to care for mentally ill inmates. Insiders believe that the DOJ's involvement may mean that a settlement is pending.  Laura Maggi, New Orleans Times-Picayune  09/25/2012

Read Article: New Orleans Times-Picayune    

 

Texas Open Meetings Act is Constitutional, Court Rules

spacer image

The Texas Open Meetings Act is constitutional and does not improperly limit the free speech rights of elected officials, a federal appeals court has ruled today. More than a dozen city officials from across Texas had argued that the act unconstitutionally targets one class of speaker — politicians — with a criminal penalty that forces them to limit interactions with constituents and hampers their ability to do their jobs. But today’s ruling by the 5th U.S. Circuit Court of Appeals affirms a March decision by U.S. District Judge Robert Junell that labeled the officials’ arguments “nonsensical” and said open meetings laws are intended to promote good government, not thwart free speech. The appeals court ruled that the Open Meetings Act is not unconstitutionally vague and does not limit the content of a politician’s speech.  Chuck Lindell, Austin American Statesman  09/25/2012

Read Article: Austin American Statesman    

 

TX Sup Court Agrees to Hear Sentimental Pet Value Case

spacer image

The Texas Supreme Court will weigh in on a case to determine whether pet owners can claim damages for the sentimental value rather than the market value of their animals. Last week, the state's highest civil court agreed to hear oral arguments after a former Fort Worth animal shelter employee appealed a landmark ruling out of the 2nd Court of Appeals in Fort Worth that said owners can claim sentimental value for their deceased pets, overturning a 120-year-old  Elizabeth Campbell, Star Telegram  09/25/2012

Read Article: Star Telegram    

 

Issues

line

spacer image

 

Safer Flights, but Risk Lurks on the Runway

spacer image

Though most passengers may not be aware of the hazards on the ground, such near misses are not isolated events. Since 2008, there have been about three incidents a day in which a plane or a vehicle gets on an active runway by mistake, an average of 1,000 a year. That number has held steady for the last four years while the total number of flights has declined. In a small number of these cases, a catastrophic collision is narrowly avoided — sometimes only through sheer luck. The issue has festered even as regulators and the airline industry have made significant gains in reducing other major aviation hazards, especially those in flight. Advances in navigation technology in recent decades, for instance, have sharply reduced midair collisions and crashes into mountains and other obstacles, two of the most common causes of accidents.  JAD MOUAWAD, The New York Times  09/25/2012

Read Article: The New York Times    

 

Healthcare

line

spacer image

 

When Surgeons Leave Objects Behind

spacer image

Every year, an estimated 4,000 cases of “retained surgical items,” as they are known in the medical world, are reported in the United States. These are items left in the patient’s body after surgery, and the vast majority are gauzelike sponges used to soak up blood. During a long operation, doctors may stuff dozens of them inside a patient to control bleeding. Though no two cases are the same, the core of the problem, experts say, is that surgical teams rely on an old-fashioned method to avoid leaving sponges in patients. In most operating rooms, a nurse keeps a manual count of the sponges a surgeon uses in a procedure. But in that busy and sometimes chaotic environment, miscounts occur, and every so often a sponge ends up on the wrong side of the stitches.  ANAHAD O'CONNOR, The New York Times  09/25/2012

Read Article: The New York Times    

 

Insurance

line

spacer image

 

Should your Education Level, Credit Score Affect Your Insurance Rates?

spacer image

Consumers don’t think it’s fair for auto insurers to consider education level, occupation, and lack of previous insurance in setting a driver’s premium, a survey from the Consumer Federation of America shows. Most major insurers, it said, use such non-driving factors, which greatly increases premiums for low- and moderate-income drivers, often by more than 100 percent. CFA executive director Stephen Brobeck said, “…these factors have nothing to do with driving and discriminate against lower-income drivers.” He said,“Premiums should largely reflect factors such as accidents, speeding tickets, and miles driven, over which drivers have some control and which directly affect insurer costs.”  David Markiewicz, Atlanta Journal-Constitution  09/25/2012

Read Article: Atlanta Journal-Constitution    

 

Business Litigation

line

spacer image

 

Verizon Settles Technology Patent Suit with TiVo

spacer image

According to reports, Verizon will pay $250.4 million to settle a patent lawsuit with TiVo over the company's DVR technology. As part of the settlement, Verizon will pay licensing fees to TiVo for use of the technology. TiVo has settled multiple patent lawsuits over the past few years with companies such as Dish, EchoStar and AT&T.  Wire Report, LA Times  09/24/2012

Read Article: LA Times    


The Plaintiff's Resource

line

Published by TRIALSMITH, Litigation Tools for Trial Lawyers
5113 Southwest Parkway, Suite 285, Austin, TX 78735
You received this email because you are subscribed to this service from your trial lawyers association.
• Unsubscribe  • Search National Litigation Bank  • 800-443-1757