Announcements | 
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TTLA CLE: Making Your Case to the Media |
| A fast-paced three hour interactive session presented by award winning journalist Mark Curriden. Strictly limited to 20 participants, attendees will leave this workshop with a new grasp of media relations issues and strategies. Attendees are encouraged to come to the session prepared to talk about a current case in the interactive discussion portion of the program. ContactMona Fults at mfults@ttla.com to register. Cost:$100. September 20, Austin. 10:30 am - 2:00 pm. TTLA Conference Center (below the TTLA parking garage). |
Laws/Cases |
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Airlines Fined for Antitrust Violations |
| Two prominent foreign airlines received $300 million in fines Thursday for violating antitrust laws. British Airways PLC and Korean Air Co. admitted that they conspired to fix prices for cargo rates and fuel surcharges on international flights, boosting prices for shippers and passengers. The $300 million fine came as part of an agreement with the Justice Department to cooperate in ongoing investigations into violations by other air carriers. Matt Apuzzo, The Washington Post 08/23/2007 | Read Article: The Washington Post |
State Court Upholds Dismissal of Major Tobacco Judgment |
| The Illinois Supreme Court has upheld the 2005 reversal of a $10.1 million judgment against cigarette maker Philip Morris. The high court’s ruling is likely to end a class action lawsuit that claimed the tobacco company engaged in fraudulent advertising for light cigarettes. On appeal, Philip Morris argued that Federal Trade Commission marketing regulations effectively shielded the company from lawsuits. Adam Jadhav, St. Louis Post Dispatch 08/23/2007 | Read Article: St. Louis Post Dispatch |
Patients File Lawsuit Over Dental Coverage |
| A group of Georgia dental patients filed a lawsuit against two insurers Wedneday over the impending cancellation of contracts with two dental providers. The lawsuit claims that if WellCare of Georgia and Peach State Health cancel contracts with Kool Smiles and Help a Child Smile, as many as 70,000 needy children could lose access to dental care. The contracts for both dental providers are scheduled to be cancelled today. Craig Schneider,Atlanta Journal-Constitution 08/22/2007 | Read Article: Atlanta Journal-Constitution |
Help for Subprime Borrowers May be Too Late |
| Approximately a dozen states are taking up legislation that would protect subprime borrowers from volatile trends in the mortgage market. However, many experts feel that such legislation is too late to help many who are at risk of losing their homes. According to the Mortgage Bankers Association, 550,000 homeowners with subprime loans are facing foreclosure and some expect the number to double in the next few years. Clifford Krauss, The New York Times 08/24/2007 | Read Article: The New York Times |
Florida Case Could Test Cap on Med-Mal Awards |
| A $2.8 million medical malpractice award in Florida could test a state cap that limits damages in such cases. Circuit Judge Jeffery Winikoff is considering whether to allow the jury award which exceeds the $1.5 maximum for medical malpractice cases. The case stems from the death of a man after undergoing routine knee surgery. Patty Pensa, South Florida Sun-Sentinel 08/24/2007 | Read Article: South Florida Sun-Sentinel |
Courts Expect More Katrina Claims as Deadline Nears |
| Louisiana courts are preparing for a last minute rush to file Katrina-related insurance lawsuits prior to a state deadline next week. Many of the expected claims involved home and business owners who feel they did not receive adequate compensation from their insurer for storm damages. Last year, thousands of people filed suits in expectation of the original deadline. AP,Boston Globe 08/24/2007 | Read Article: Boston Globe |
Products |
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House Committee Demands Information on Recalled Toys |
| A House panel will convene on Sept. 19 for a hearing on how to protect U.S.children from toys, jewelry and other imported products with lead paint. The subcommittee on commerce, trade and consumer protection has asked Mattel and 17 other companies that have recalled toys this year to provide information in preparation for the hearing. Reuters, Reuters 08/23/2007 | Read Article: Reuters |
Wall of Silence Surrounds NHTSA |
| New rules at the National Highway Traffic Safety Administration effectively prohibit officials at the agency from going on the record with reporters. The chief administrator at the agency, Nicole R. Nason, set up the policy shortly after being appointed to the position in 2006. Under the current regulations, agency officials are allowed to speak with reporters only to provide background information. Christopher Jensen, The New York Times 08/22/2007 | Read Article: The New York Times |
FDA Proposes New Sunscreen Regulations |
| Federal health officials have announced new rules designed to provide consumers with more complete information on the ultraviolet ray protection of sunscreens. Under the proposed regulations, sunscreen manufacturers would be required to test for protection against an additional type of ultraviolet ray and to carry warnings about the danger of prolonged exposure to the sun. Approximately 1 million United States citizens are diagnosed with skin cancer each year. Ricardo Alonso-Zaldivar, LA Times 08/24/2007 | Read Article: LA Times |
TEXAS LAWYER CASE SUMMARIES |
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San Antonio Court of Appeals: Torts |
| Absent a written agreement, Janice McDaniel's expert report under Texas Civil Practice & Remedies Code §74.351 was untimely and the trial court had no discretion but to dismiss McDaniel's health care claims with prejudice and award reasonable attorneys' fees. McDaniel v. Spectrum Healthcare Resources Inc., San Antonio Court of Appeals, No. 04-06-00185-CV, 8-22-2007 , Texas Lawyer Opinions (TTLA Members Only) 08/24/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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