August 20, 2007

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August 20, 2007

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Home Depot Agrees to Settle Charges Over Mishandled Waste

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Court Rules Against Cingularis Arbitration Policy

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Iowa Agrees to Settlement in Stuttering Experiment

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Jury Awards Damages in Prescription Error Case

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Extent of Liability Still in Question for Airline

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Medicare Rules to Cease Payments for Preventable Errors

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Apologies Gaining Favor in Medical Community

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Disciplinary Records Create Difficult Balance for Bar Officials

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Nail Salon Chemicals Tied to Health Hazards

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A Member Service ofTexas Trial Lawyers Association

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Announcements

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TTLA CLE: Making Your Case to the Media

A fast-paced three hour interactive session presented by award winning journalist Mark Curriden. Strictly limited to 20 participants, attendees will leave this workshop with a new grasp of media relations issues and strategies. Attendees are encouraged to come to the session prepared to talk about a current case in the interactive discussion portion of the program. Contact Mona Fults at mfults@ttla.com to register. Cost:$100. September 20, Austin. 10:30 am - 2:00 pm. TTLA Conference Center (below the TTLA parking garage). *

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Laws/Cases

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Home Depot Agrees to Settle Charges Over Mishandled Waste

Home Depot has agreed to settle a civil case that charged the retailer with failing to properly handle hazardous waste. Home Depot will pay Los AngelesCounty almost $10 million over the storage and transportation of a chemical sludge that ultimately lead to an explosion at one of its stores. Californiaofficials said they are also investigating other companiesi waste storage and transportation practices. *Hector Barrera, LA Times *08/18/2007

Read Article: LA Times ***

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Court Rules Against Cingularis Arbitration Policy

A federal appeals court ruled Friday that Cingular Wireless cannot force customers to sign contracts that prohibit them from filing class action lawsuits against the company. The courtis decision will allow a class action lawsuit, filed by a California man, to proceed and could affect at least 10 other pending cases against wireless providers. Such clauses are standard practice in the contracts of cell phone providers and are also common among credit card companies and retailers. *Henry Weinstein, LA Times *08/18/2007

Read Article: LA Times ***

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Iowa Agrees to Settlement in Stuttering Experiment

Six subjects of a 1930s experiment by University of Iowa researchers will receive $925,000 from a settlement approved Friday. The case stemmed from an experiment that sought to induce stuttering in a group of orphans. The study, which came to be known as iThe Monster Study,i was not revealed until 2001. The university has since apologized for the experiment. *David Pitt,Houston Chronicle *08/17/2007

Read Article: Houston Chronicle ***

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Jury Awards Damages in Prescription Error Case

A Florida jury has ordered Walgreens to pay $25.8 million to the family of a woman who suffered a stroke after she was given the wrong prescription. The jury found the misfiled prescription, approximately 10 times the dosage prescribed by her doctor, caused the woman to suffer a cerebral hemorrhage resulting in permanent bodily injury, disability and pain. Walgreen Co. said it is considering whether to appeal the decision. *AP, Forbes *08/18/2007

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Extent of Liability Still in Question for Airline

According to attorneys close to the case, airline company Comair, Inc. will almost certainly be held liable for the 2006 crash of flight 5191 that killed 47 passengers. What remains to be seen is just how much liability Comair will bear in the case. Attorneys for the victimsi families hope to pursue punitive damages against the airline for egregious misconduct in the crash. *Andrew Wolfson, Louisville Courier Journal *08/20/2007

Read Article: Louisville Courier Journal ***

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Healthcare

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Medicare Rules to Cease Payments for Preventable Errors

A new Medicare policy aims to save millions of dollars each year and improve the quality of care to patients covered by the program. The rules, to be published next week, will no longer pay hospitals to treat preventable errors, injuries or infections. The Centers for Disease control estimates that 1.7 million people develop infections during hospitals stays each year. *Robert Pear, The New York Times *08/19/2007

Read Article: The New York Times ***

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Apologies Gaining Favor in Medical Community

In a departure from past practices, doctors are increasingly admitting medical errors and making apologies for their mistakes. Advocates of the practice say acknowledging errors helps increase patient satisfaction and may cut back on medical malpractice lawsuits. Still, many hospitals and most insurance companies insist that doctors cease all communication with patients after a mistake has been made. *Judith Graham, Chicago Tribune *08/19/2007

Read Article: Chicago Tribune ***

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Issues

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Disciplinary Records Create Difficult Balance for Bar Officials

A report by the Fort Worth Star-Telegram claims that the oversight system forTexas lawyers may leave the public vulnerable. According to the newspaper, the Texas State Bar may be keeping the public in the dark about attorneys who have been accused of misconduct or criminal offenses. Bar officials note that a difficult balancing act exists between informing clients about attorney conduct and protecting competent lawyers from disgruntled clients. *Yamil Berard, Ft. Worth Star Telegram *08/19/2007

Read Article: Ft. Worth Star Telegram ***

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Study

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Nail Salon Chemicals Tied to Health Hazards

Recent studies are drawing attention to the potential health hazards faced by nail salon workers. In separate studies, researchers found that workers and children who were exposed to chemicals used in nail salons were more likely to suffer from cognitive disabilities. Environmental groups in at least two states have begun educational programs to inform nail salon workers of potential dangers. *Stephen Greenhouse, The New York Times *08/19/2007

Read Article: The New York Times ***

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