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• TTLA Home • Search Litigation Bank • About	September 11, 2007
-  Mortgage Woes Spark a Variety of Lawsuits -  Judge Approves Settlement in Sprint Bias Lawsuit -  Report: Medicare Overpaid Private Insurers -  Some Fear Overweight Trucks May Jeopardize Safety -  Profits Drive Lead Paint Use by Manufacturers -  Manufacturers Had Prior Knowledge of Dangerous Popcorn Chemical -  5th U.S. Circuit Court of Appeals: Civil Practice -  Dallas Court of Appeals: Torts -  Texarkana Court of Appeals: Damages -  Dallas Court of Appeals: Civil Practice -  San Antonio Court of Appeals: Torts -  Report Finds Fraud at Many Investment Seminars -  Study Finds Increase in Adverse Drug Effects     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association
Announcements     Laws/Cases   Mortgage Woes Spark a Variety of Lawsuits Widely publicized problems in the subprime mortgage industry are giving rise to a variety of lawsuits against players in the credit market. Analysts say that potential defendants could range from hedge fund operators to credit-rating agencies. The success of many of these pending lawsuits remains unclear. Legal experts note free speech protections, Supreme Court decisions and laws that will likely impede many lawsuits stemming from the subprime mortgage mess.  Tomoeh Murakami Tse and Carrie Johnson, The Washington Post  09/11/2007 Read Article: The Washington Post       Judge Approves Settlement in Sprint Bias Lawsuit A federal judge has approved a $57 million settlement between Sprint Nextel Corp. and nearly 1,700 former employees. The plaintiffs alleged that Sprint systematically targeted employees who were 40 years of age and older for layoffs. The case had received national attention because of extensive electronic-based data discovery. Sprint, who denied engaging in any form of discrimination, settled a similar lawsuit in Georgia last year.  Dan Margolies and Diane Stafford, Kansas City Star  09/10/2007 Read Article: Kansas City Star       Insurance   Report: Medicare Overpaid Private Insurers According to a new report by the Government Accountability Office, private insurers received millions of dollars in Medicare payments that should have gone to consumers. The payments occurred because the Bush administration failed to properly audit companies participating in Medicare programs, the Congressional report said. Federal law requires Medicare officials to audit at least one-third of participating companies each year. However, in 2006 only 14 percent of companies were audited.  Robert Pear, The New York Times  09/10/2007 Read Article: The New York Times       Issues   Some Fear Overweight Trucks May Jeopardize Safety Some experts are warning that wear and tear on the nation’s roads and bridges from overweight trucks may lead to disasters similar to theMinneapolis bridge collapse. Although the weight limit on almost all interstate highways is 40 tons, states regularly grant permits to trucks that exceed the limit. Many transportation officials contend that they are simply following laws passed by legislatures and that fears of excessive road damage are overblown.  April Castro, Austin American Statesman  09/11/2007 Read Article: Austin American Statesman       Products   Profits Drive Lead Paint Use by Manufacturers For those who wonder why lead paint is so prevalent in the millions of Chinese-made toys recalled this year, the simplest answers, experts say, is price. In the quest to make a profit, many Chinese manufactures have turned to lead paint, which can be almost 30 percent cheaper than regular paint. While China and other countries have strict standards regarding the use of lead paint in consumer products, they are often not enforced.  David Barboza, The New York Times  09/11/2007 Read Article: The New York Times       Manufacturers Had Prior Knowledge of Dangerous Popcorn Chemical Popcorn manufacturers knew of the potential health risks associated with a chemical in microwave popcorn for more than a year before announcing they would remove the substance. According to documents released to Cox Newspapers, an Environmental Protection Agency report was kept secret after the agency received pressure from the popcorn industry. During the time, since the EPA report was released to popcorn makers, Americans have consumed more than 750 million pound of home-popped popcorn.  Jeff Nesmith, Atlanta Journal-Constitution  09/11/2007 Read Article: Atlanta Journal-Constitution       TEXAS LAWYER CASE SUMMARIES   5th U.S. Circuit Court of Appeals: Civil Practice Because Karen Frazier was properly joined, the federal courts lacked jurisdiction over the case. Thus, remand to state court was appropriate. Gasch v. Hartford Accident Indemnity Co., 5th U.S. Circuit Court of Appeals, No. 06-20498, 9-5-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/11/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Torts Dr. David Provost failed to show that the Halls' claims could have been brought against a governmental unit under the Texas Tort Claims Act. Thus, the trial court erred in dismissing their claims against Provost pursuant to Texas Civil Practice & Remedies Code §101.106(f). Hall v. Provost, Dallas Court of Appeals, No. 05-06-00152-CV, 9-5-2007  , Texas Lawyer Opinions (TTLA Members Only)  09/11/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Texarkana Court of Appeals: Damages Although the trial court awarded $2,500 for lost income, there was no pleading or summary judgment evidence to support that award. Moreover, even if attorneys' fees were available in a personal injury lawsuit, there was no evidence to support that award. Rivera v. White, Texarkana Court of Appeals, No. 06-07-00019-CV, 9-5-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/11/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Civil Practice Texas Civil Practice & Remedies Code §51.014(a) does not grant the right of interlocutory appeal following the denial of a motion to dismiss pursuant to §101.106(f). Hudak v. Campbell, Dallas Court of Appeals, No. 05-07-00017-CV, 9-5-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/11/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       San Antonio Court of Appeals: Torts Some evidence supported the jury's implied finding that the negligence of the Texas Department of Transportation proximately caused the occurrence. Thus, the district court did not err in denying TxDOT's plea to the jurisdiction. Texas Department of Transportation v. Gutierrez, San Antonio Court of Appeals, No. 04-06-00583-CV, 9-5-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/11/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Study   Report Finds Fraud at Many Investment Seminars A report by state and federal regulators has revealed that many "free lunch" investment seminars aimed at seniors are actually frauds in disguise. According to a Securities and Exchange official, almost all of 110 free-lunch seminars observed were "sales jobs in disguise," and more than a third gave out inappropriate advice to the attendees or committed outright fraud. Officials say the findings, gathered from retirement investment seminars inCalifornia, Florida, Texas, Arizona, North Carolina, Alabama and South Carolina, underscore the need for increased enforcement and education to protect the burgeoning population of older Americans.  Jonathan Peterson, LA Times  09/10/2007 Read Article: LA Times       Study Finds Increase in Adverse Drug Effects A report released Monday says that adverse events and deaths from prescription drugs have almost tripled since 1998. According to researchers, the vast majority of adverse effects could be attributed to painkillers and arthritis drugs that modify the immune system. Researchers fear that the sharp increase may be a sign that drug safety is on the decline. Food and Drug Administration officials contend that the increase can be traced to programs that make it easier for the public to report adverse effects.  Thomas H. Maugh II, LA Times  09/11/2007 Read Article: LA Times
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