| | If you have a medical malpractice case (but not a death case) that can be filed in the U.S. District Court in Marshall, please email Steve Pershing atSteve.Pershing@cclfirm.com. |
| | The owners of a Burbank apartment complex were ordered to pay $12 million last week to the mother of a former tenant who was raped and murdered in 2004. A Los Angeles jury found that Scott Villa Apartments and Francis Property Management Inc. were negligent for hiring a maintenance man who was a registered sex offender and is a suspect in the woman’s death. Attorneys for the woman’s family argued that a simple background check should have prevented the complex from hiring the suspect. AP, San DiegoUnion Tribune 01/18/2008 | |
| | The Supreme Court has agreed to hear six new cases dealing with issues ranging from whether consumers can seek damages in state courts against cigarette makers for deceptive advertising to possible protection for drug companies against some lawsuits. Justices will issue decisions for only two cases this term. The remaining cases will be heard during the fall term. The cases are: Philip Morris v. Good, Crawford v. Metropolitan Government, Wyeth v. Levine, Meacham v. KAPL, MetLife v. Glenn and Summer v. Earth Island Institute. Robert Barnes, The Washington Post 01/19/2008 | |
| | An insurance company that was named as a defendant in a lawsuit stemming from Katrina-related flooding in Jefferson Parish, La. has asked a judge to drop them from the case. American Alternative Insurance Co. argues that its policies do not cover damages resulting from flooding. The lawsuit, which seeks class action status, also names Jefferson Parish and Parish President Aaron Broussard for their decision to evacuate pump stations that could have prevented the flooding. Meghan Gordon, New Orleans Times-Picayune 01/19/2008 | |
| | U-Haul International Inc. has agreed to settle a class action lawsuit alleging that the rental company’s reservation policy was deceptive. According to the complaint, customers were forced to wait hours or days and travel long distances to pick up equipment after their reservations were “confirmed” online or with telephone reservation agents. As part of the settlement, U-Haul must now guarantee reservations or incur a $50 penalty if the equipment is not available. Myron Levin, LA Times 01/18/2008 | |
| | Home buyers who feel they may have paid too much for their homes are more likely to take their frustrations to court, according to real estate lawyers and brokers. The expected rise in this type of real estate litigation stems from the growing number of buyers who relied on agents to find their home and arrange the purchase. The first of such cases, filed by a couple who allege that their broker exaggerated the value of their home in order to earn a larger commission, is scheduled to begin Monday in California. David Streitfeld, The New York Times 01/22/2008 | |
| | A federal court has rejected an appeal challenging the dismissal of lawsuits that sought damages for emotional distress in the aftermath of a shooting rampage at a Lockheed-Martin facility. The 5th Circuit Court of appeals found that the plaintiffs’ claims were best addressed through workers’ compensation laws. The complaints stemmed from 2003 incident in which a Lockheed employee killed six coworkers before committing suicide. AP, Yahoo News 01/18/2008 | |
| | A Florida appellate court has granted a 10-day stay of an order that prohibited Allstate from selling new auto insurance policies in the state. Last week, Florida Insurance Commission prohibited the insurer from writing new policies because it had not complied with a subpoena to disclose documents related to its property insurance business. Allstate has been the subject of an investigation that hopes to determine whether the company conspired to prevent insurance rates from falling. Reuters, Reuters 01/21/2008 | |
| | A Tacoma suburb has agreed to settle a lawsuit file by a man who was shocked with stun gun after he refused medical treatment following an epileptic seizure. As part of the settlement, the municipality will pay the man $90,000 and reform police policies regarding Taser use. The city, which admitted no wrongdoing, said the settlement was based on the advice of an insurance provider. Wire Report, Seattle Times 01/21/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The trial court did not err in holding that allegations an insured man suffering from Alzheimer's and dementia "knocked down" another patient at an assisted care facility triggered the insurer's duty to defend. Hochheim Prairie Casualty Insurance Co. v. Appleby, San Antonio Court of Appeals, No. 04-07-00028-CV, 1-16-2008. , Texas Lawyer Opinions (TTLA Members Only) 01/22/2008 | |
| | The trial court did not violate Texas Civil Practice & Remedies Code §41.0105 in the personal injury case by disallowing evidence of payments and discounts applied to Faye's medical bills. Gore v. Faye, Amarillo Court of Appeals, No.07-06-0218-CV, 1-14-2008. , Texas Lawyer Opinions (TTLA Members Only) 01/22/2008 | |
| | A study published yesterday has found an increased risk of infection for breast cancer patients who received implants following mastectomies. According to the study, published in the Archives of Surgery, patients who opted for implants were twice as likely to develop infections as those who had breast reconstruction using their own abdominal tissue. Researchers were unable to determine the extent that procedures such a radiation treatment might have played in promoting the infections. Natasha Singer, The New YorkTimes 01/22/2008 | |
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