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Texas Trial Lawyers Association


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September 26, 2013

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The Plaintiff's Resource

Upcoming Online CLE

26
Sep

Trial Programs for the iPad

1
Oct

Sipping From the Fire Hose - Techniques for Managing E-discovery and Evidence in Litigation

8
Oct

What American Express v. Italian Colors Means for Plaintiff Attorneys

9
Oct

Jury Persuasion

15
Oct

The Evolution of Rules of the Road to Rhetorical Questions

16
Oct

Maximizing Damages in Wrongful Death Cases

22
Oct

The Do's and Don'ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides

Announcements


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


Woman Hit by Patrol Car May Not Receive Settlement

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A Vancouver woman who filed a lawsuit after being hit by a Washington State Patrol trooper's car may not receive the $529,000 in damages she was awarded in the suit. The woman, who had been drinking, was waiting for her brother to pick her up. Thinking the patrol car was her brother's car, she stepped into the road so he could see her. The police officer did not see her in time and struck the plaintiff with his patrol car. According to state law, "if a person is injured as a result of being intoxicated and a jury finds that the injured person was more than 50 percent at fault, they are not eligible for damages." Based on an emergency room blood test, the plaintiff's blood alcohol level was twice the legal limit and the jury determined that she was 58% at fault in the incident. The plaintiff plans to appeal the verdict.
Paris Achen , The Columbian 09/23/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Columbian

Bus Driver Killed in Accident, Family Files Lawsuit

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The family of a Los Angeles MTA bus driver who was killed when a tow truck driver ran a red light and crashed into her bus has filed a lawsuit over the accident. The family is claiming that the tow truck driver was negligent when he sped through a red light at 60 mph and hit the city bus. Both the bus driver and the tow truck driver were killed. The lawsuit also alleges that "the restraint systems in the bus failed to work properly," as the driver "was ejected from the bus, despite wearing her seat belt." The estate of the tow truck driver, the towing company and the bus manufacturer are named as defendants in the case.
Jill Cowan, LA Times 09/24/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times

Settlement Reached in CT Bullying Lawsuit

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A 2011 lawsuit filed over the bullying of a junior high student has reached a settlement. The boy and his mother have agreed to a settlement of undisclosed terms that will bring an end to their two-year lawsuit against a Connecticut school district. The lawsuit alleged that the school district did not do enough to protect the boy from incidents of bullying, including the boy's head being put in a toilet. "The lawsuit also says the district violated his rights under the Americans with Disabilities Act by failing to accommodate the boy's diabetes."
Staff Report, The Connecticut Post 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Connecticut Post

Lawyers, Policy Experts Weigh In on Groundwater Case

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Last month, a ruling by a Texas appeals court fueled the debate over state regulation of groundwater resources. In Edwards Aquifer Authority v. Glenn and JoLynn Bragg, the 4th Appeals Court of Texas found that the Edwards Aquifer Authority, one of Texas' largest and most powerful groundwater conservation districts, had violated the Braggs' property rights when it limited their ability to pump water from underneath their land. The decision will be appealed to the Texas Supreme Court.
Neena Satija, Texas Tribune 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Tribune

Lawsuit Filed Against Tour Bus Co. in Panola County

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A lawsuit was filed Wednesday by two passengers against a Houston-based tour bus company, after the El Expreso tour bus they were on U-turned in front of and was struck by a tractor trailer Thursday, killing two and injuring four others. According to the suit's original petition, the plaintiffs are Edgar Vela and Sergio Torres, residents and citizens of Mexico, who are suing for damages for medical care, pain and suffering physical impairment, mental anguish, disfigurement and loss of wages caused by the wreck.
Staff Reports, Longview News-Journal 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Longview News-Journal

Products


Deaths Linked to Cardiac Stents Rise as Overuse Seen

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When stents are used to restore blood flow in heart attack patients, few dispute they are beneficial. These and other acute cases account for about half of the 700,000 stent procedures in the U.S. annually. Among the other half -- elective-surgery patients in stable condition -- overuse, death, injury and fraud have accompanied the devices' use as a go-to treatment, according to thousands of pages of court documents and regulatory filings, interviews with 37 cardiologists and 33 heart patients or their survivors, and more than a dozen medical studies.
Peter Waldman, David Armstrong & Sydney P. Freedberg, Bloomberg 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg

Issues


Waste Land: Frio County Struggles with Fracking's Leftovers

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On a gravel road in rural Frio County, sheriff's deputies are doing something they never thought they would”enforcing state environmental laws in the oilpatch. On this day Hector Zertuche, a Jim Wells County environmental crimes officer is leading a day-long training of Frio County officers to spot violations of environmental laws. The exercise is part of a local effort to bring some order to an explosion of oilfield disposal wells and trucks hauling wastewater to these otherwise quiet and largely agricultural communities.
Greg Harman, Texas Observer 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Observer

Wrongful Death


Lawsuit Says Police Didn't Respond in Time

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The family of a murder-suicide victim has filed a lawsuit against the city of Hoover, Alabama alleging that the police department did not respond quickly enough at the scene. The police department received a call from the victim before she was attacked. After getting to the scene, the officers allegedly waited an hour and a half before going into the house. The lawsuit claims negligence and wrongful death.
Al Ratcliffe, CBS 42 News 09/25/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: CBS 42 News


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