| Announcements |
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| TTLA 2009 Midyear Conference: June 3-5 in Austin |
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The TTLA Midyear Conference is right around the corner! Mark your calendar for June 3-5 and join us in Austin for the most up-to-date legislative recap after the session ends. As always, we offer the best networking opportunities and CLE in the state! Access the full conference brochure at www.ttla.com.
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| Laws/Cases |
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| Family Files Lawsuit in Garage Door Death |
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A Chicago homeowner and two companies believed to have manufactured and installed a garage door were negligent in the death of a 6-year-old boy, according to a lawsuit filed on Wednesday. The child died Saturday of compressional asphyxia after his brother discovered him trapped underneath the garage door of a home owned by his uncle. The lawsuit also names Mid-America Door Co. and Sears, Roebuck & Co. Lauren R. Harrison, Chicago Tribune 05/14/2009
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Chicago Tribune
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| Hazing Lawsuit to Proceed, Judge Rules |
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A judge has refused to dismiss a lawsuit accusing an Eastern Kentucky University fraternity of hazing, the Lexington Herald-Leader reports. Attorneys for the national chapter of Kappa Alpha Psi fraternity argued that the Philadelphia-based organization was not responsible for supervising the conduct of local chapter members. The plaintiff claims he ultimately suffered kidney failure after enduring repeated beatings from local chapter members. Ashlee Clark, Lexington Herald-Leader 05/14/2009
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Lexington Herald-Leader
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| Jury Awards Damages to Paralyzed Athlete |
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A jury has awarded a former high school track and field athlete $6.4 million for injuries sustained during a 2002 pole vaulting accident. In the lawsuit, attorneys for Brandon White argued that the Connecticut affiliate of USA Track and Field negligently failed to supervise and inspect the warm up area where the accident occurred. White was paralyzed from the chest down after falling during warm-ups. Randall Beach, New Haven Register 05/15/2009
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New Haven Register
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| Judge Nixes Class Certification in Neurotin Case |
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For the second time in five years, a federal judge has declined to certify class status for alleged off-label marketing of the epilepsy drug Neurotin. In a ruling on Wednesday, Boston federal district court Judge Patti Saris again found that plaintiffs failed to show sufficient commonality to certify the class. The lawsuit alleges RICO violations and fraud by Pfizer predecessor Warner-Lambert and seeks more than $4 billion in damages on behalf of consumers and third-party payers. Andrew Longstreth, Law.com 05/15/2009
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Law.com
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| Jury Finds for Employee in Sumo-Suit Accident |
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A Colorado jury has ordered the manufacturer of inflatable mock sumo wrestling suits and others to pay $2 million to a woman who suffered a brain injury during a corporate retreat. Katherine Giles sustained permanent brain damage when her head struck the edge of a one-size-fits-all helmet that came with the suit, her attorney said. The company that owned the equipment and the resort where the retreat was held were also found liable. Rick Sallinger, Denver CBS 4 TV 05/14/2009
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Denver CBS 4 TV
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| Lawsuit: Bus Company Negligent in Fatal Crash |
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Attorneys have filed a lawsuit on behalf of the families of two Texas middle school teachers killed in a bus crash in southern Mexico earlier this year. According to the lawsuit, Monterrey-based Grupo Senda Autotransporte negligently subjected passengers to risk of injury and failed to comply with promises to pay medical and funeral expenses for those injured or killed in the crash. The lawsuit seeks damages for pain, suffering, mental anguish, medical expenses and lost wages. Jeremy Roebuck, The Monitor 05/14/2009
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The Monitor
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| Lab Mix-Up Caused Unneeded Surgery, Lawsuit Claims |
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A suburban New York man has filed a lawsuit alleging that he underwent an unneeded mastectomy because of a lab mix-up. In the lawsuit, Scott Aprile claims that Nyack Hospital switched his biopsy results with another patient, causing him to believe he had cancer and should submit to the procedure. The lawsuit seeks unspecified damages. UPI, United Press International 05/14/2009
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United Press International
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| Products |
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| Food Companies Unable to Ensure Safety |
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National processed food companies are increasingly unable to ensure the safety of their products, instead placing the burden of safety on consumers, according to a story in the New York Times. The move toward pushing responsibility on the consumer, the newspaper reports, comes after hundreds of thousands of food-borne illnesses have baffled producers and regulators alike. Michael Moss, The New York Times 05/14/2009
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The New York Times
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| TEXAS LAWYER CASE SUMMARIES |
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| Fort Worth Court of Appeals: Health Law |
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A physician recruitment agreement that ensures that the recruited doctor could financially continue to practice in the hospital's service area do not show a right of control. Farlow v. Harris Methodist Fort Worth Hospital and Texas Health Resources, Inc., Fort Worth Court of Appeals, No. 2-07-423-CV, 05-12-2009.
, Texas Lawyer Opinions (TTLA Members Only) 05/15/2009
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Texas Lawyer Opinions (TTLA Members Only)
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| Fort Worth Court of Appeals: Torts |
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While awarding contracts and enacting ordinances may implicate different powers or the same powers to different extents, both activities potentially fall within the six enumerated powers that determine whether a body's proceedings are quasi-judicial. Perdue, Brackett, Flores, Utt & Burns, a Joint Venture v. Linebarger, Goggan, Blair, Sampson & Meeks, L.L.P., Fort Worth Court of Appeals, No. 2-08-041-CV, 05-12-2009.
, Texas Lawyer Opinions (TTLA Members Only) 05/15/2009
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Texas Lawyer Opinions (TTLA Members Only)
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