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TTLA HomeSearch Litigation BankAbout July 16, 2009
Text Messages Spark Wave of Harassment Cases
Lawsuit Expected in Disney Monorail Crash
Plaintiffs: Boeing Officials Worried About Pension Costs
Parents Settle Suit Against Navy Hospital
College Athletes on Hook for Medical Bills, Despite Rules
OSHA Investigating Rise in Construction Deaths
Senator Questions Sotomayor on Firefighter Bias Case
5th U.S. Circuit Court of Appeals: Torts - Canter liability
Study Links Hormone Therapy to Ovarian Cancer
 
 
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Laws/Cases
Text Messages Spark Wave of Harassment Cases
Harassment originating from cell phone text messages is a growing source of work-related lawsuits, say employment lawyers. These so-called textual harassment cases often stem from inappropriate messages sent from male superiors to female employees, according to attorneys familiar with the matter. Attorneys on both sides now consider text messages valuable sources of evidence.  Tresa Baldas, Law.com  07/16/2009
Read Article: Law.com    

Lawsuit Expected in Disney Monorail Crash
The mother of a Walt Disney monorail pilot killed in a July 5 crash is expected to file a lawsuit against the theme park and resort, according to the Orlando Sentinel. However, a judge has denied an initial petition by Christine Wuennenberg to preserve evidence and gain access to video-surveillance footage, audio communications and other sources that may have recorded the crash. Austin Wuennenberg died when two monorail trains collided at Walt Disney World in Orlando.  Sara K. Clarke, Orlando Sentinel  07/15/2009
Read Article: Orlando Sentinel    

Plaintiffs: Boeing Officials Worried About Pension Costs
A former Boeing official expressed concerns about pension costs associated with an aging workforce prior to the company’s sale of its Kansas and Oklahoma operations, according to a putative class-action lawsuit. In a motion seeking class status in the age discrimination suit, plaintiffs say former Boeing manager Jeff Turner admitted those concerns during deposition testimony. The proposed class seeks to cover more than 1,000 employees laid off when Boeing sold its Kansas and Oklahoma operations.  AP, Boston Globe  07/15/2009
Read Article: Boston Globe    

Parents Settle Suit Against Navy Hospital
A Florida Naval hospital has agreed to pay $500,000 to the parents of a boy born blind and with cerebral palsy. According to the lawsuit, Jacksonville Naval Hospital was negligent for failing to prevent oxygen deprivation during the birth. The child died three years after birth.  AP, Miami Herald  07/16/2009
Read Article: Miami Herald    

Insurance
College Athletes on Hook for Medical Bills, Despite Rules
Despite a mandate from the National Collegiate Athletic Association requiring universities to provide insurance for their sports teams, scores of athletes are being left on the hook for sport-related injuries, the New York Times reports. In one case, Colgate University refused to cover more than two-thirds of an $80,000 medical bill racked up by a rowing team member injured in a training exercise. Coverage for athletes can vary widely between universities and even among sports and university systems, the newspaper found.  Kristina Peterson, The New York Times  07/15/2009
Read Article: The New York Times    

Labor/Employment
OSHA Investigating Rise in Construction Deaths
Federal safety regulators are investigating a spike in the number of construction-related deaths at Texas job sites, the Houston Chronicle reports. According to the U.S. Bureau of Labor Statistics, the number of on-the-job construction deaths jumped 31 percent in the last four years for which data were available. In response, the Occupational Safety and Health Administration will deploy additional inspectors to the state to monitor construction sites.  L.M. Sixel, Houston Chronicle  07/15/2009
Read Article: Houston Chronicle    

Issues
Senator Questions Sotomayor on Firefighter Bias Case
Arizona Senator Jon Kyl had a series of pointed questions Thursday for Supreme Court nominee Judge Sonia Sotomayor during the fourth day of her confirmation hearings. At issue was Sotomayor’s handling of a discrimination case brought by Connecticut firefighters while she sat on the 2nd Circuit Court of Appeals. However, other senators expressed support for Sotomayor’s nomination during Thursday’s round of questioning.  David Stout, The New York Times  07/16/2009
Read Article: The New York Times    

TEXAS LAWYER CASE SUMMARIES
5th U.S. Circuit Court of Appeals: Torts - Canter liability
5th U.S. Circuit Court of Appeals http://www.law.com/jsp/tx/LawDecisionTX.jsp?id=1202432267876 Canter liability to third persons for the negligence of corporate officers and employees may only be imposed for bodily injury claims. Kling Realty Co. Inc v. Chevron USA Inc., 5th U.S. Circuit Court of Appeals, No. 08-30043, 07-10-2009.  , Texas Lawyer Opinions (TTLA Members Only)  07/16/2009
Read Article: Texas Lawyer Opinions (TTLA Members Only)    

Study
Study Links Hormone Therapy to Ovarian Cancer
A Danish study has concluded that women who undergo hormone replacement therapy following menopause are significantly more likely to develop ovarian cancer. According to the study, published in the Journal of the American Medical Association, women who took hormone replacements were 38 percent more likely to develop ovarian cancer than those who did not. A 2002 study by the Women’s Health Initiative produced similar findings.  Andrew Stern, Reuters  07/14/2009
Read Article: Reuters    



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