| Laws/Cases |  |  |
| Software Company Sued for 'Scareware' Marketing Tactics | | Secure Computer has agreed to settle a lawsuit accusing them of using deceptive marketing to sell software that cleans spyware off computers. More than 1,140 residents in WA bought the software, which didn't work. Attorney General Rob McKenna announced that the state will receive $1 million as part of the settlement. P-I Staff and News Service, Seattle Post-Intelligencer 12/05/2006
| | Read Article: Seattle Post-Intelligencer |
| Healthcare | | |
| Hospital Settles With Brain-Damaged Boy After Tonsillectomy | | A 9-year-old boy was awarded $6.2 million as part of a settlement over a tonsillectomy that left him with severe brain injuries. The hospital's "negligence" during the operation left the boy blind, mute, and unable to walk or eat. The family of the boy sued, alleging doctors failed to note he suffered severe sleep apnea before prepping him for surgery. Matt Birkbeck, The Morning Call Online 12/05/2006
| | Read Article: The Morning Call Online |
| Issues | | |
| Lax Trucking Rules Ignite Safety Debate | | Government officials rejected tighter industry regulation for truckers and instead opted to relax the rules on how long truckers can be on the road. A case involving a woman who was killed after an 18-wheeler slammed into her vehicle ignited debate about whether industry regulation is sufficient. Officials confronted about the case dismissed the assertion that deregulation has reduced safety. Stephanie Labaton, The New York Times 12/02/2006
| | Read Article: The New York Times |
| Hidden Asbestos Dangers Discovered Decades Later | | A plant operating in downtown Salt Lake City, UT was found to have exposed workers to asbestos. The plant processed an ore called vermiculite, which contained an especially toxic form of asbestos. The exposure has caused former workers to contract lung cancer, asbestosis, or mesothilioma. Judy Fahys, The Salt Lake Tribune 12/03/2006
| | Read Article: The Salt Lake Tribune |
| E.Coli Outbreak Traced Back to Taco Bell | | Health officials in NY and NJ have traced back a recent E.coli outbreak to the Taco Bell restaurant chain. At least 39 people were infected during the outbreak, two of which were critically ill. State investigators are still searching for the contaminated ingredient and acknowledged delaying the announcement because of concerns of overreaction by the public. Robert D. McFadden, The New York Times 12/05/2006
| | Read Article: The New York Times |
| Pet Owners Say Market Value of Pets is Not Enough | | A couple in VT filed suit for damages and emotional distress after their dog was fatally shot for walking onto a man's property. Historically, courts have only allowed pet owners to collect expenses such as purchase price and veterinary bills, but a growing number of cases are asking that they recognize the companionship a pet offers. Animal law expert Geordie Duckler believes the law will change nationwide "as soon as some good appellate panel recognizes this special relationship." Associated Press, The Dallas Morning News 12/04/2006
| | Read Article: The Dallas Morning News |
| TEXAS LAWYER CASE SUMMARIES | | |
| 5th U.S. Circuit Court of Appeals: Torts | | In order to hold a municipality liable under 42 U.S.C. 1983 for the misconduct of one of its employees, a plaintiff must allege that the municipality caused the constitutional violation through its policies or customs. Kohler v. Englade, 5th U.S. Circuit Court of Appeals, 05-30541, 11-21-2006. , Texas Lawyer Opinions (TTLA Members Only) 12/05/2006
| | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
| Fort Worth Court of Appeals: Workers Compensation | | The record does not show that the trial court s holding of an evidentiary hearing before ruling on Brandon Burns' motions for attorney's fees resulted in the rendition of an improper judgment. Texas Municipal League Intergovernmental Risk Pool v. Burns, Fort Worth Court of Appeals, 2-05-368-CV, 11-22-2006. , Texas Lawyer Opinions (TTLA Members Only) 12/05/2006
| | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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