February 19, 2007

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TTLA HomeSearch Litigation BankAbout February 19, 2007
Government Lacks Strategy to Ensure Medical Record Privacy
Student Sues Blue Shield Over Dropped Policy
Allstate to Cut Back on Policies in Coastal State
Refinery Explosion Sends Employees to Hospital
JetBlue Founder 'Humiliated' Over Flight Cancellation Crisis
Organic Food Maker Recalls Baby Food
Websites Send Consumers Wrong Medications
Reports of High Lead Levels in Lunchboxes Kept From the Public
Contaminated Peanut Butter Spurs Several Lawsuits
Houston's 14th Court of Appeals: Torts
Houston's 14th Court of Appeals: Torts
Austin Court of Appeals: Torts
 
 
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Healthcare
Government Lacks Strategy to Ensure Medical Record Privacy
The Government Accountability Office reported that the Bush Administration has no overall strategy to protect the privacy of patients. The administration has repeatedly promoted the use of electronic medical records throughout the nation's health system. The G.A.O. reports only rudimentary measures have been taken to safeguard sensitive personal data.  Robert Pear, The New York Times  02/17/2007
Read Article: The New York Times    

Insurance
Student Sues Blue Shield Over Dropped Policy
Blue Shield of California is facing a lawsuit after dropping a college student following his hospitalization. The suit seeks a court order that would prevent the insurer from canceling policies for people who become ill and submit claims for treatment. Recent reports found that Blue Shield and its competitors routinely drop policyholders who run up medical bills.  Lisa Girion, LA Times  02/16/2007
Read Article: LA Times    

Allstate to Cut Back on Policies in Coastal State
Insurance experts expect Allstate Corp. to reduce CA policies or stop writing them altogether. Allstate and other insurers have stopped writing new homeowners' policies in several coastal areas that are vulnerable to hurricanes. Despite rate reductions from major CA insurers, Allstate is seeking a 12% increase from its policyholders.  Marc Lifsher, LA Times  02/16/2007
Read Article: LA Times    

Issues
Refinery Explosion Sends Employees to Hospital
An explosion at a Valero Energy Corp. refinery in TX injured 19 people on Saturday. The company reported the fire most likely began in a unit where fuel is processed at high temperatures. No deaths were reported in the incident.  The Associated Press, Austin American Statesman  02/18/2007
Read Article: Austin American Statesman    

JetBlue Founder 'Humiliated' Over Flight Cancellation Crisis
A huge breakdown in JetBlue Airways' operations has led to nearly 1,000 cancelled flights in the course of five days. The CEO of the airline attributes the crisis to their understaffed communication system and an undersized reservation system. The company on Tuesday plans to announce a compensation plan for stranded passengers.  Jeff Bailey, The New York Times  02/19/2007
Read Article: The New York Times    

Products
Organic Food Maker Recalls Baby Food
Hain Celestial Group Inc. has pulled their baby food off shelves because of potential contamination with the bacteria that causes botulism. The company is recalling close to 100,000 individual jars and almost 39,000 variety packs. The FDA reports that botulism is potentially deadly, but no illnesses have been reported.  Bloomberg News, The Washington Post  02/17/2007
Read Article: The Washington Post    

Websites Send Consumers Wrong Medications
The FDA warned consumers about purchasing medications over the internet after a number of people received the wrong medications. Consumers who ordered sleep aids, antidepressants and other drugs were instead shipped a powerful antipsychotic, which caused some to require emergency hospital treatment. The individuals who received the drugs ordered them from a variety of commercial websites.  The Associated Press, The Washington Post  02/17/2007
Read Article: The Washington Post    

Reports of High Lead Levels in Lunchboxes Kept From the Public
Government scientists failed to publicly disclose test results showing unsafe lead levels in vinyl lunchboxes. In a test of 60 lunchboxes, one in five contained unsafe levels of lead and several had more than 10 times hazardous levels. The Consumer Product Safety Commission reported they found "no instances of hazardous levels" of lead, but they refused to release their test results until the Associated Press requested their files under the Freedom of Information Act.  Martha Mendoza, Houston Chronicle  02/19/2007
Read Article: Houston Chronicle    

Contaminated Peanut Butter Spurs Several Lawsuits
Consumers in TX, MO and NY began filing the first of many expected lawsuits over a salmonella outbreak linked to peanut butter. An attorney based in Seattle claims over 500 people contacted his firm regarding possible lawsuits against ConAgra Foods Inc, the maker of the tainted peanut butter. Officials continue to investigate the source of the contamination.  The Associated Press, The Buffalo News  02/19/2007
Read Article: The Buffalo News    

TEXAS LAWYER CASE SUMMARIES
Houston's 14th Court of Appeals: Torts
Sufficient evidence supports the conclusion that the conduct and harm were foreseeable; therefore, CoTemp Inc. owed Houston West Corp. a legal duty to protect it from Bob Robertson's conduct. Cotemp Inc. v. Houston West Corp., Houston's 14th Court of Appeals, 14-05-01209-CV, 2-13-2007.  , Texas Lawyer Opinions (TTLA Members Only)  02/19/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)    

Houston's 14th Court of Appeals: Torts
The summary-judgment evidence raises a genuine issue of material fact as to whether the homeowners' alleged negligence proximately caused William Choice's damages. Choice v. Gibbs, Houston's 14th Court of Appeals, 14-05-01068-CV, 2-13-2007.  , Texas Lawyer Opinions (TTLA Members Only)  02/19/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)    

Austin Court of Appeals: Torts
Charles Penick, former district attorney of Bastrop County, failed as a matter of law to raise a genuine issue of material fact regarding actual malice in his defamation suit against Cox Texas Newspapers LP and related parties. Cox Texas Newspapers LP v. Penick, Austin Court of Appeals, 03-05-00504-CV, 2-13-2007.  , Texas Lawyer Opinions (TTLA Members Only)  02/19/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)    


 
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