TTLA EClips | | | April 15, 2008 |
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| | | | | The TTLA 2008 Mid-Year Conference w/ Advanced Personal Injury Course & Board Meeting is scheduled for April 30th - May 2nd at the Driskill Hotel (800-252-9367) in Austin, TX. You can register online at www.ttla.com/register or for more information contact rhonda@ttla.com. |
| | Blackwell, Okla. residents filed a lawsuit Monday that claims they were exposed to toxic materials released from a 50-year-old zinc smelting operation. According to the lawsuit, which seeks class-action status, the smelter has polluted surrounding areas with millions of pounds of toxic waste. The lawsuit names, among others, Freeport-McMoRan Copper & Gold, Phelps Dodge Corporation and BNSF Railway Company. AP, Houston Chronicle 04/14/2008 | |
| | The Supreme Court on Monday agreed to hear an appeal in a case that challenges the concept of prosecutorial immunity. The case stems from a lawsuit filed by a man wrongfully convicted of murder against top officials at the Los Angeles County district attorney’s office. A federal appellate court had previously ruled that the officials could not claim immunity because the lawsuit it related to their functions as managers rather than their roles as prosecutors. Linda Greenhouse, The New York Times 04/15/2008 | |
| | The Connecticut Supreme Court has reversed a $41 million judgment for a construction worker who was paralyzed when a defectively welded girder fell on his head. In a unanimous finding, the court held that contractor Sordoni Skanska could not be held liable because it was not responsible for inspecting welds and because the accident was not foreseeable. The court based its ruling on Connecticut's construction code concerning non-delegable duty for contractors. Thomas B. Scheffey, Law.com 04/15/2008 | |
| | Five disabled travelers filed a lawsuit Monday against Detroit Metro Airport and Northwest Airlines. According to the suit, the airport and carrier discriminated against people by denying the disabled access to air travel, terminals, parking and shuttle services. The plaintiffs seek a court order requiring the defendants to follow federal disability and transportation laws. Jennifer Dixon, Detroit Free Press 04/15/2008 | |
| | Florida residents who may have been affected by groundwater contamination have filed two class-action lawsuits against Raytheon Corp. The contamination stems from seepage of chemicals such as vinyl chloride and 1, 4-dioxane from the Raytheon plant into a St. Petersburg neighborhood. Both lawsuits seek medical monitoring and clean up of the contamination. Mark Douglas, Tampa Tribune 04/15/2008 | |
| | The Dallas Veterans Affairs Medical Center shut down its psychiatric care unit earlier this month after a fourth mentally ill patient committed suicide. Investigators from the VA national offices are scheduled to visit the facility in order to assess its safety. The wife of at least one patient who committed suicide said she blames hospital staff for failing to monitor her husband. AP, Ft. Worth Star Telegram 04/15/2008 | |
| | In response to accusations of ethical conflicts, a small number of academic scientists have rejected payments from food, pharmaceutical and medical device makers. While each scientist reached the decision privately, each agreed that the choice was based on a desire to remain separate from industry influence. They also agree that it is important to continue to work with companies but to do so on a pro bono basis. Gina Kolata, The New York Times 04/15/2008 | |
| | As the number of injuries caused by air-powered nail guns continues to rise, hazards remain largely unaddressed by regulatory agencies. According to one estimate, 42,000 people are treated annually for nail gun injuries in hospital emergency rooms. One tragic case has become the subject of a wrongful death lawsuit filed against toolmaker Hitachi-Koki USA. Andrew McIntosh, The Sacramento Bee 04/13/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Health Law -- Because Texas Civil Practice & Remedies Code §74.153 is rationally related to a legitimate governmental purpose, it is constitutional. Dill v. Fowler, Eastland Court of Appeals, No. 11-07-00227-CV, 4-10-2008. , Texas Lawyer Opinions (TTLA Members Only) 04/15/2008 | |
| | The Woodlands Operating Co. LP is not entitled to recover attorneys' fees based upon its fraud claims. It is well settled in Texas that attorneys' fees are not recoverable as actual damages in fraud cases. MBM Financial Corp. v. Woodlands Operating Co. LP, Beaumont Court of Appeals, No. 09-07-060-CV, 4-10-2008. , Texas Lawyer Opinions (TTLA Members Only) 04/15/2008 | |
| | California air regulators told reporters Monday that a cement factory located near the Riverside-San Bernardino County line is the source of hexavalent chromium, a toxic carcinogen that has been blowing into an industrial area and residential community. According to the chief executive of the South Coast Air Quality Management District, outdoor dust piles at TXI Riverside Cement are causing elevated hexavalent chromium levels at sites downwind from the facility. A spokesperson for the cement factory said further verification was needed to confirm that the facility was the source of the contamination. Janet Wilson, LA Times 04/15/2008 | |
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