Laws/Cases | 
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Delphi, Investors Nearing Settlement |
| Delphi Corp. and investors are close to reaching a settlement in a class action lawsuit that accuses the struggling auto parts maker of fraud. According to the plaintiff’s lawsuit, Delphi managers artificially inflated financial results to entice potential investors. Attorneys for both sides met with the district court judge Tuesday to discuss the possible settlement. Tom Krisher, Forbes 08/28/2007 | Read Article: Forbes |
Ohio Lawsuit Accuses Insurers of Price Fixing |
| Ohio Attorney General Marc Dann has filed a lawsuit against five major insurance brokerage firms for conspiring to violate the state’s antitrust law by fixing prices. In the lawsuit, the attorney general accuses Marsh and McLennan, AIG, Inc., ACE, Ltd., Chubb Corp. and the Hartford Financial Services Group Inc. of cooperating to offer consumers phony insurance quotes. The lawsuit seeks to stop the companies from continuing the practice and to return any profits made from the alleged scam. AP, Forbes 08/28/2007 | Read Article: Forbes |
Justice Department Moves to Stop Katrina Lawsuit |
| A district court judge has refused a Justice Department request to stay an order that authorized the Louisiana Attorney General to file a lawsuit on behalf of hundreds of thousands of residents regarding Hurricane Katrina-related damages. Attorney General Charles Foti Jr. is set to file the lawsuit today that blames the Army Corps of Engineers for the city’s levee failures. The 5th Circuit Court of Appeals has yet to respond to a Justice Department appeal to rescind the judge’s order. Susan Finch, New Orleans Times-Picayune 08/29/2007 | Read Article: New Orleans Times-Picayune |
Residents Rush to File Katrina Claims |
| Louisiana residents have turned out in force to file last minute lawsuits involving Hurricane Katrina insurance claims. Thursday’s deadline, also the 2nd anniversary of the storm, is the final opportunity for people to hold insurance companies responsible for unpaid claims. Once the deadline has past, insurance companies have no legal obligation to negotiate claims with policy holders Rebecca Mowbray, New Orleans Times-Picayune 08/29/2007 | Read Article: New Orleans Times-Picayune |
Judge Denies Access to Records in Quadruple Amputee Case |
| A Florida judge ruled Tuesday that hospital records that were produced in anticipation of medical malpractice case are protected by work product and attorney client privilege. The ruling stems from a request to access hospital records related to adverse medical effects on behalf of a woman who underwent quadruple amputation after contracting a flesh eating bacteria during childbirth. Attorneys for the woman said they plan to appeal the ruling. Local 6 News Report, Local 6 News.com 08/28/2007 | Read Article: Local 6 News.com |
Attorney Seeks to Overturn Military Ban on Lawsuits |
| A Florida attorney is hoping to overturn a 57-year-old federal doctrine that prohibits active duty military personnel from filing lawsuits against the federal government. The case stems from the death of a Navy pilot after receiving treatment for a blood sugar problem at a military hospital. The attorney for the family of he expects lower courts to deny claims regarding the Feres Doctrine but hope the case will be taken up by the Supreme Court. Chris Amos, Navy Times 08/29/2007 | Read Article: Navy Times |
Insurance |
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Insurer Offers Fire Protection for the Rich |
| Wealthy residents of Idaho’s Sun Valley are getting some added protection from recent wildfires in the form of a special wildfire protection unit deployed by insurer AIG. For about $10,000 annually, high-end clients can have crews sent to coat their home with a fire retardant gel. According to insurance companies, the service makes fiscal sense versus reimbursing owners for the cost of a multimillion dollar home. William Yardly, The New York Times 08/28/2007 | Read Article: The New York Times |
Issues |
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Firm Attempts to Curb Online Complaints Against Doctors |
| A doctor advocacy firm has unveiled a program that aims to help protect physicians against “online defamation.” The company, Medical Justice Services, created the program in response to popular doctor ratings websites. The program provides doctors with patient agreements, under which the patient concedes to notify the doctor of a grievance before going online to post a complaint. Triad Business Journal, Triad Business Journal 08/29/2007 | Read Article: Triad Business Journal |
TEXAS LAWYER CASE SUMMARIES |
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El Paso Court of Appeals: Torts |
| Because the publication was ambiguous, it was capable of defamatory meaning; however, it was not defamatory as to Christopher Houseman. Houseman v. Publicaciones Paso Del Norte SA DE CV, El Paso Court of Appeals, No. 08-06-00034-CV, 8-23-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Corpus Christi Court of Appeals: Torts |
| The evidence constituted more than a scintilla of evidence that Dollar General was aware of a potential problem and failed to take action to investigate the problem. Dolgencorp of Texas Inc. v. Lerma, Corpus Christi Court of Appeals, No. 13-03-314-CV, 8-23-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Texas Supreme Court: Workers’ Compensation |
| A subscribing employer's written agreement to indemnify a person and that person’s contractors against an employee's personal injury claim may be enforced by one of those contractors even though the agreement was not executed by that contractor. Energy Service Co. of Bowie Inc. v. Superior Snubbing Service Inc., Texas Supreme Court, No. 05-0202, 8-24-2007. ,Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Eastland Court of Appeals: Attorneys' Fees |
| The trial court abused its discretion in refusing to award attorneys' fees to the Abilene Diagnostic Clinic after dismissing the medical malpractice suit with prejudice pursuant to Texas Revised Civil Statutes Art. 4590i, §13.01(d).Abilene Diagnostic Clinic v. Downing, Eastland Court of Appeals, No. 11-06-00012-CV, 8-23-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
El Paso Court of Appeals: Torts |
| El Paso Court of Appeals El Paso Mental Health and Retardation Centerretained its sovereign immunity under Texas Tort Claims Act §101.021 for the negligent hiring/retention and supervision claims. El Paso Mental Health and Mental Retardation Center v. Crissman, El Paso Court of Appeals, No. 08-06-00254-CV, 8-16-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Fort Worth Court of Appeals: Torts |
| The Profitlive Partnership and Profitlive Inc. failed to conclusively establish that they were entitled to summary judgment on all essential elements of their common law fraud and conspiracy claims. Profitlive Partnership and Profitlive Inc. v. Surber, Fort Worth Court of Appeals, No. 02-05-188-CV, 8-16-2007. ,Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Fort Worth Court of Appeals: Torts |
| The statute of repose barred the railroad's claims against Gunderson Inc. and ASF-Keystone Inc. for negligence, product liability, breach of warranty, contribution, equitable indemnity and unjust enrichment. Burlington Northern and Santa Fe Railway Co. v. Gunderson Inc., Fort Worth Court of Appeals, No. 2-06-274-CV, 8-24-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Dallas Court of Appeals: Torts |
| The trial court abused its discretion in sustaining Baylor Medical Center atGarland's objection to the expert report by Dr. Marc Cohen and nurse Debra L. Pugh, and dismissing the Kettles medical malpractice suit against Baylor. Kettle v. Baylor Medical Center at Garland, Dallas Court of Appeals, No. 05-05-01260-CV, 8-27-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/29/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Study |
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Effectiveness of Antibacterial Soaps in Question |
| A new study has concluded that antibacterial soaps that contain triclosan as the main active ingredient are no more effective in preventing infections than regular soaps. The study, conducted by University of Michigan researchers, also found that such soaps may actually pose a public health risk because they may reduce the effectiveness of some antibiotics. University of MichiganNews Release, The Washington Post 08/28/2007 | Read Article: The Washington Post |
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