| Announcements |
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| IMPORTANT TTLA BOARD MEETING NOTICE |
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SPECIAL CALLED TTLA Board of Directors Meeting
Friday, September 11, 2009, 9:00 am – Noon, TTLA’s Williams Conference Center, Austin, TX. For more information contact Rhonda High 512-476-3852 or rhonda@ttla.com.
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| Laws/Cases |
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| Jury Orders DuPont to Pay for Chemical Spill |
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Chemical company DuPont was liable for a 2004 chemical spill that injured nearly 180 people living near an eastern Kentucky plant, a federal jury has found. The spill was caused by a cracked pipe that leaked airborne sulfuric acid into the atmosphere. The initial award includes $1.25 million to six initial plaintiffs. Further proceedings will determine damages for the remaining plaintiffs in the case. Brett Barrouquere, The Cincinnati Enquirer 07/14/2009
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The Cincinnati Enquirer
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| New Patients Lodge Complaints Against Eye Doctor |
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Six patients have lodged new complaints against a Chicago eye doctor who has been named in dozens of previous medical malpractice lawsuits. In a formal complaint with the Illinois Department of Financial and Professional Regulation, the patients allege that Dr. Nicholas Caro negligently performed Lasik eye surgery, causing serious injury. Despite repeated complaints, Dr. Caro has yet to be disciplined by state regulators. Deborah L. Shelton, Chicago Tribune 07/14/2009
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Chicago Tribune
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| State Court Says No to Design Defect in Lead Paint Cases |
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The Wisconsin Supreme Court has ruled that plaintiffs involved in lead paint litigation cannot pursue design defect claims against manufacturers. In a 6-0 decision, the high court held design defect claims were barred because white lead carbonate was an essential ingredient in creating paint pigment. Plaintiffs must now show that manufacturers failed to properly warn consumers about the dangers of lead paint. Ryan J. Foley, Newsday 07/14/2009
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| Read Article:
Newsday
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| Arbitration Group Hid Ties to Lenders, Lawsuit Says |
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Minnesota Attorney General Lori Swanson filed a lawsuit Tuesday accusing one of the nation’s largest arbitration service providers of hiding its ties to the debt-collection and banking industry. In the lawsuit, Swanson alleges that the National Arbitration Forum encouraged loan providers to include arbitration agreements in their consumer contracts and at times assisted credit issuers in arbitration disputes. Congress is considering legislation that would make mandatory arbitration agreements unenforceable. Kathy Chu and Taylor McGraw, USA Today 07/15/2009
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USA Today
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| Whistleblower: Device Makers Cheated Medicare |
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A former Boston Scientific saleswoman has filed a lawsuit accusing the company and six other firms of defrauding the federal Medicare program by promoting surgical devices for off-label uses. According to the whistleblower lawsuit, the companies violated the federal False Claims Act by encouraging health care providers to perform a heart procedure as a more costly inpatient procedure. Other companies named in the lawsuit include Medtronic Inc., St. Jude Medical Inc., Endoscopic Technologies Inc., and Atricure Inc. Margaret Cronin Fisk, Bloomberg 07/14/2009
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Bloomberg
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| Jury Awards Damages to Helicopter Crash Victims |
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An Iowa jury has awarded more than $11 million to the families of two men killed in a 2006 helicopter crash, the Des Moines Register reports. In the verdict, jurors assigned the majority of liability for the crash to the pilot of the helicopter. Remaining liability was assigned to a film company that hired the helicopter. Grant Schulte, DesMoines Register 07/14/2009
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DesMoines Register
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| Kodak Settles Racial Bias Lawsuits |
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Two groups of African-American workers have agreed to settle a pair of class-action lawsuits against Eastman Kodak Co. In both lawsuits, the workers accused the company of racial discrimination. Under the proposed settlement, Kodak will pay a combined $21.4 million to more than 3,000 current and former employees. Matthew Daneman, Democrat and Chronicle 07/14/2009
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Democrat and Chronicle
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| Issues |
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| Regulators Find Carcinogen in West Texas Wells |
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More than a third of wells providing water to homes in a community outside Midland, Texas are contaminated with hexavalent chromium, state environmental officials have said. While the exact source of the contamination in Cotton Flats has yet to be determined, some investigators believe that the oil industry is to blame. At least one water well tested showed more than 50 times the maximum level of hexavalent chromium allowed by the Environmental Protection Agency, according to reports. Betsey Blaney, Houston Chronicle 07/11/2009
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| Read Article:
Houston Chronicle
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| TEXAS LAWYER CASE SUMMARIES |
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| Fort Worth Court of Appeals: Torts - Fraud claim |
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Torts -- Because the impetus behind a fraud claim is a specific and false representation, and because summary judgment affidavits require detail and specificity, the trial court may strike portions of an affidavit that create only a surmise or suspicion of the matters asserted. All American Telephone Inc. v. USLD Communications Inc., Fort Worth Court of Appeals, No. 2-08-092-CV, 07-09-2009.
, Texas Lawyer Opinions (TTLA Members Only) 07/14/2009
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Texas Lawyer Opinions (TTLA Members Only)
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