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Texas Trial Lawyers Association


This service sponsored exclusively by The James Street Group

September 27, 2013

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The Plaintiff's Resource

Upcoming Online CLE

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.

2013 Making a Difference Award

TTLA is now accepting nominations for the Making a Difference Award which is periodically awarded at the discretion of the TTLA Executive Committee and recognizes a client (past or present) of a TTLA member whose actions demonstrates the critical role of the civil justice system in protecting the rights of Texas families. Nominees should demonstrate a desire to promote the public good through the civil justice system and best exemplify the attributes of a true advocate. Nomination deadline is November 1, 2013. Click on the headline to download the nomination form.

Laws/Cases


Court Rules for Texas Medical Board, Against Doctors' Group

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The Texas Medical Board and its former president won a complete victory this week in a 6-year-old case in which a physicians' group accused them of abusing their authority and retaliating against doctors in the group. U.S. District Judge Lee Yeakel in Austin ordered that the Association of American Physicians and Surgeons Inc. take nothing in the case and that it also pay court costs. Lawyers' fees will be considered later, Yeakel said.
Mary Ann Roser, Austin American Statesman 09/27/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Austin American Statesman

Lane County Family Owed Full Damages, Ore High Court Rules

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A baby who sustained nerve injuries as a result of negligence by a Lane County medical practice should be able to collect the full $1.375 million in noneconomic damages awarded by a jury in 2008, the Oregon Supreme Court said Thursday. The decision found that a 1987 state law capping civil damages for pain and suffering at $500,000 should not apply to the case involving Braedon Klutschkowski, whose right arm was "substantially impaired" by complications during his 2004 birth via vaginal delivery. A jury had also awarded the Springfield family economic damages of $557,881 after finding Oregon Medical Group liable for negligence.
Helen Jung, The Oregonian 09/27/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: The Oregonian

Settlement Reached in Tree-Cutting Lawsuit

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A man who cut down 13 of his neighbor's trees and tore down their private fencing has agreed to pay $50,000 in a settlement. The man from Rockport, Maine had previously asked his neighbors if he could cut remove the trees and fence between their properties so he would have a better view of the harbor. After his neighbors refused his request on several occasions, the defendant illegally cut down the trees and removed 40 feet of the fence. The settlement brings a close to both the lawsuit filed by his neighbors as well as a civil complaint filed by the city against the defendant.
Stephen Betts, Bangor Daily News 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Bangor Daily News

Lawsuit Over Woman's Cancer Death Settled

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The husband of a woman who died from cancer has reached a settlement in his lawsuit against Penn State Milton S. Hershey Medical Center. The lawsuit accuses the medical center of misdiagnosing the woman and not performing a biopsy that her gynecologist recommended. The medical center allegedly let the woman suffer with symptoms for two years before the performed a biopsy and discovered she actually had cancer. The lawsuit against the medical center was settled for $2.4 million.
Matt Miller, PennLive.com 09/27/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: PennLive.com

TX Woman Files Lawsuit over Reality Show

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A Texas woman has filed a lawsuit over her appearing in an online reality show. The woman and her son were filmed as part of a reality show that features local police officers arresting suspects. They appeared on the show after they were arrested for marijuana charges in September 2011. The plaintiff says that her civil rights were violated by the officers when they filmed the incident and she is seeking an unspecified amount of money in the lawsuit.
Tiffany Craig, KHOU-TV 09/26/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: KHOU-TV

Issues


Perry Appoints Jeff Brown to Texas Supreme Court

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Gov. Rick Perry announced Thursday that he has appointed Jeff Brown to the open spot on the Texas Supreme Court, elevating a justice from Houston's 14th Court of Appeals to the state's highest civil court. Brown, a Republican, is a former state district judge and a private practice attorney before that. He served as a law clerk at the Texas Supreme Court, working for Justices Jack Hightower and Greg Abbott.
Ross Ramsey, Texas Tribune 09/27/2013 Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Tribune


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