Wednesday, August 31, 2011

Hundreds of new Texas laws go into effect Thursday, Including "Loser Pays" Law


Come Thursday, there will be some new laws in town.

No longer will most Texans have to worry about leaving guns in their cars while at work. Drivers won't have to worry about slowing down on some highways at sundown. Teens caught "sexting" face misdemeanor charges - and attending state-sponsored classes about the dangers of sending sexually explicit messages and texts with their parents. And most women seeking abortions will first have to undergo a sonogram and learn the results.

Those new laws - along with the new state budget, which includes billions of dollars in cuts - are among the hundreds of new laws that go into effect Thursday. State lawmakers earlier this year passed more than 1,400 new laws, nearly half of which go into effect Sept. 1, the beginning of the new fiscal year.

"These laws are a lot of small things that might add up to be something big," said Brandon Rottinghaus, assistant political science professor at the University of Houston. "You have a fairly conservative agenda that manifested in the grouping of these laws.

"Collectively, people may feel a trend toward more conservative governing," he said. "Among the bigger things, the general scope of the budget and the major issue - the need to cut billions of dollars and the way in which it was cut - shows a distinctly conservative stamp on the Legislature."

A sampling of some of the new laws that go into effect Thursday:

Budget

Facing a multibillion-dollar shortfall, state legislators earlier this year passed a $172.3 billion budget for the next two years that whittled more than $15 billion from state spending in areas such as public schools, higher education and social services. Critics say cuts went too deep and bookkeeping maneuvers - such as delaying certain state payments - were used to balance the budget. Supporters say lawmakers passed a conservative budget that answered taxpayer demands to reverse government growth. House Bill 1

Sexting

Texas minors who like sexting - or sending sexually explicit pictures or messages, generally from one cell phone to another - better watch out. Until now, prosecutors either dropped the case or had to prosecute minors under adult pornography laws. Starting Thursday, youth who sext and get caught can be charged with a misdemeanor - which can lead to jail time with repeated offenses. Not only that, but underage Texans convicted of sexting will take a state-sponsored educational class about the dangers of sexting - with one of his or her parents. However, the sexting conviction may be removed from the youth's record at the age of 18. "Here's the message to parents -- pay attention to this new technology," said state Sen. Kirk Watson, D-Austin, who carried this bill. "Pay attention to your kids. Know what it is they're doing with regard to text messages, sending images and that sort of thing, and take the time to talk to them." Senate Bill 407

Guns

Under a new law, most employers will no longer be able to prevent employees who legally own guns and ammo from storing them in their locked, private vehicles parked in company parking lots during business hours. There are a few exceptions, such as preventing the guns and ammo in cars parked in school and federal building parking lots. And the law only allows those guns and ammunition to be stored in parking lots, garages and other parking areas provided to employees - not inside actual businesses. SB 321

Speed limits

Texas motorists no longer have to worry about slowing down at sundown, now that the state won't have separate speed limits for day and night driving. The black nighttime speed limit signs that required motorists to drive 5 mph slower at night than during the day will start coming down Thursday, but officials say it will take months to remove all of them. Officials say uniform speeds for vehicles during the day and night can cut down on problems such as tailgating and vehicles changing lanes to pass slower-moving vehicles - actions that play a role in some accidents. New Texas laws also let transportation officials raise limits to 75 mph in some remote areas, none of which are in Tarrant County. HB 1353

Romeo and Juliet

This law is geared to spare teens and young adults who have consensual sex from being labeled sex offenders. It prevents a young defendant from having to register as a sex offender if he or she had consensual sex with someone 15-years-old or older and there is less than a four-year age gap between the couple. SB 198

Respectful language

Over time, the term "mental retardation" will be weeded out of state statute and use, as officials say the term can be hurtful and offensive to those with developmental and intellectual disabilities. "There is a stigma associated with the 'R' word," said state Rep. Vicki Truitt, R-Keller, who carried the bill. "It costs nothing to adopt verbiage in state statutes to reflect the fact that we recognize individuals and their uniqueness, without using offensive terms to categorize and label these good Texans." HB 1481

Homestead exemption

Starting Thursday, Texas homeowners who apply for a homestead exemption on their primary residence must show ID, mainly a driver's license or ID card and a copy of their vehicle registration receipt. The address on the ID and receipt must match the address for which they seek an exemption. Those without vehicles may submit a notarized affidavit certifying they don't have a vehicle - and a current utility bill that lists the person's name and address that is on the homestead exemption application. State officials say they hope to cut down on fraudulent homestead exemption claims, such as those by people who own vacation homes in Texas. "Right now, residents of other states can claim the homestead exemption even if they only come to Texas one weekend out of the year," said state Rep. Harvey Hilderbran, R-Kerrville. HB 252

Radioactive waste

Low-level radioactive waste generated from foreign countries will not be shipped to Texas, but similar waste generated in dozens of states in the U.S. may ship their waste to Texas' Waste Control Specialists site in Andrews County, which is owned by Dallas billionaire Harold Simmons. SB 1504

Innocence Project

A package of bills proposed by the Innocence Project of Texas will go onto the books, overhauling eyewitness practices by law enforcers, ensuring that if DNA evidence exists and is available to prove a person's innocence then it will be tested and creating uniform standards regarding the collection, retention and storage of biological evidence. Cory Session - brother of Tim Cole, a Fort Worth man who died in prison for a crime he didn't commit - now serves as the policy director for the Innocence Project and supported these bills. HB 215, SB122, SB 1616

Driver's ed

Driver's education instructors will have to undergo background checks and the Texas Education Agency may revoke licenses given to people who have been convicted of certain felonies, such as sex offenses. HB 2678

Missing Texans

Statewide AMBER Alerts will now be able to call attention to missing adults with diagnosed intellectual developmental disabilities, in addition to alerting the public about abducted children. HB 1075

Boating

Texas boaters born on or after Sept. 1, 1993 must complete a boater safety education course. This is a new effort by lawmakers to phase in more safety requirements for Texans using personal watercrafts and boats, especially since there are about 600,000 registered boats in this state. Boaters must keep a valid ID and documents showing that they passed a boater education course with them. The new law also says those operating a motorboat with a motor of more than 15 horsepower must be at least 13 or supervised someone older than 18 who can legally operate the motorboat and is on board. HB 1395

Rape kits

Law enforcers will have to more quickly test biological evidence collected from sexual assaults. They now must give evidence to a crime lab within 30 days of collection for testing or test it themselves. "This bill will give victims of sexual assault some peace of mind, knowing that these evidence kits will not just sit on a shelf collecting dust," said state Sen. Wendy Davis, D-Fort Worth, who carried this in the Senate. SB 1636

Daycare

This bill was passed in the memory of Nathan King, who died after day-care workers gave him medication that his parents had not approved. Under this bill, daycare workers need written parental permission to give medicine to a child or face prosecution. HB 1615

Domestic violence

Victims will now be able to not only cover themselves, but also their pets, under protective orders. Victims have said this is important because they often have to leave pets behind when fleeing violence and their abusers may threaten to kill or injure the pet. SB 279

Noodling

Texans will be able to fish with their bare hands - using their fingers as bait in underwater catfish holes to catch and haul out catfish, officially legalizing "noodling." This lets those with state-issued fishing licenses and freshwater fishing stamps fish with their hands. HB 2189

Loser pays

The goal of creating a "loser pays" system is cutting down on frivolous lawsuits in Texas, potentially making the court system more affordable for all Texans to use. The bill calls for some civil plaintiffs who sue and lose to pay not just the court costs, but also the legal fees, of those they are suing. HB 274

"Generally, the new laws reflect a conservative point of view," said Allan Saxe, an associate professor of government at the University of Texas at Arlington. "However, the biggest impact was the budget cuts that still were not nearly as profound as some believed they would be a year ago."

ONLINE: governor.state.tx.us/news/bills/

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source: Ft. Worth Star-Telegram (8/30)

Thursday, August 25, 2011

Rick Perry: Trial Lawyer Enemy No. 1?

Plaintiffs’ lawyers, it appears, are wasting no time readying an attack on Texas Governor Rick Perry.

Texas has enacted considerable tort reform under Perry, including capping damages for pain and suffering and, most recently, requiring certain losing parties in litigation to pay the other sides’ court costs and attorneys’ fees. (Click here for LB background on the loser-pays law.)

If Perry is the Republican nominee for president, Politico reports, deep-pocketed trial lawyers are ready to play a major role in trying to defeat him. (HT: PointofLaw.com)

The Perry campaign has already cited tort reform as a priority, according to Politico. Campaigning in South Carolina on Friday, for example, Perry said that “back in the ’80s and ’90s, Texas was a very litigious state,” but now: “We passed the most sweeping tort reform in 2003 and it still is the model in the nation.”

“If Perry’s the nominee, the trial lawyers will come out of the woodwork to support Obama, where I don’t know that they would now,” John Coale, a former trial lawyer, told Politico.

Plaintiffs’ lawyers have long been a major source of funds for Democrats. The American Association for Justice — the trade group for the trial bar — has given about $34 million to candidates since 1990, and 89% of that amount went to Democrats, Politico reports, citing data from the Center for Responsive Politics.

The Perry campaign, meanwhile, seems like it is spoiling for a fight with plaintiffs’ lawyers. “Of course they’re going to scream and shout when they feel that someone like Gov. Perry is standing in the way of them lining their pockets,” Perry spokesman Mark Miner told Politico.


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source: Wall Street Journal (Koppel, 8/22)


Commentary:  The Cole Legal Group asks where you stand on the issue?  In other words, do you agree or disagree with Perry in the matter of Tort Reform?

Monday, August 22, 2011

CVS to pay $2 million in overcharging, misleading-ads settlement

The Cole Legal Group
CVS Pharmacy has agreed to pay more than $2 million in fines and other costs to settle a consumer protection lawsuit alleging that the drugstore chain overcharged customers for sale items and engaged in misleading advertising.

The civil complaint, filed Aug. 11 in Los Angeles County Superior Court, alleged that CVS failed to provide an immediate discount for certain advertised items. An investigation also determined that since 2006, the company routinely charged consumers more for items than the advertised sale price.

Under the terms of the settlement, CVS agreed to pay $1.2 million in civil penalties and $420,000 in investigative costs.

The company also agreed to contribute $300,000 to the California Department of Measurement Standards and $100,000 to the Consumer Protection Trust toward enforcement of consumer protection laws, according to the Los Angeles County district attorney's office.

A CVS spokesman said that the company worked cooperatively with the district attorneys for Los Angeles, Riverside and Ventura counties to resolve the allegations but that it did not admit any wrongdoing.

CVS also agreed to initiate and administer pricing programs for three years to ensure that consumers are not overcharged for their purchases.

Prosecutors said the company would undertake weekly in-store inspections to ensure pricing accuracy. CVS also will implement a "scan-right" program guarantee that will give consumers up to $2 off if an item has scanned at a higher price than advertised.


source: LA Times (Chang, 8/20)

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At the Cole Legal Group, we continue to make the community safer by holding people accountable for breaking prescription safety rules. We do not believe these individuals of companies get a pass on errors like this.

The Cole Legal Group has a proven track record of obtaining substantial insurance settlements and jury awards for people hurt by prescription errors.

Let our experience, commitment and drive work to get you the money you deserve to rebuild your life. Our commitment to you: We will not be out worked!

Contact us today for a free consultation.

Friday, August 19, 2011

18-Wheeler Rollover Causes 20-Ton Oil Spill

EL PASO, Texas -- An 18-wheel tanker truck rolled over on US-54, spilling more than 20 tons of refined oil into the median.

The driver of the truck is a 39-year-old white male, according to police. He was taken to a nearby hospital but expected to recover.

The State Department of Environmental Quality said refined oil is heavy and sticky, which helped the spill from traveling too far, but it also made things tricky as crews tried to turn the truck over without splashing the tar-like substance on the road.

Police closed the northbound lanes of US-54 above McCombs Street while they cleared the accident.

It's still unclear how the driver lost control of the semi.

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source: www.kfoxtv.com (Melchor, 8/18)

Wednesday, August 10, 2011

Texas Supreme Court clarifies scope of recoverable amount in personal injury lawsuits.

The Dallas Morning News (8/9, Roberson) reported, clarifying a 2003 tort reform law, the Texas Supreme Court ruled in July "that plaintiffs cannot base personal injury lawsuits on hospitals' billed charges, but rather the lower amount the hospitals finally accepted as payment."

The ruling stems from a case in which Aaron Haygood successfully sued Margarita Garza de Escabedo for $110,000 in hospital bills and surgeries after she hit his car. But since Haygood was covered by Medicare Part B, his bills dropped to $27,700. The court overturned the decision saying a plaintiff can only recoup what his insurer pays and whatever "the hospital has a legal right to recover."

Monday, August 1, 2011

Stronger Federal Action Needed to Prevent 18-Wheeler Truck Accidents

Has the death toll from crashes involving large trucks finally become intolerable? Between 2007 and 2009, an average of over 4,000 people a year were killed in truck accidents. Nearly 90,000 more per year were injured during that time.

One respected safety advocate, Joan Claybrook of the Truck Safety Coalition, is blunt in assigning responsibility for the ongoing carnage. "Families and truck drivers are being slaughtered on our highways because of the trucking industry's relentless push for bigger, overweight trucks operated by drivers who are exhausted and pressured to meet unreasonable delivery deadlines."

Safety groups have been making this argument for years with little success. But the time for effective action to improve trucking safety may at last be at hand. It is no longer only safety groups calling for more effective regulation of the trucking industry; the Teamsters union, which represents many truck drivers, is now doing so as well.

Safe Highways Legislation

One significant step in improving truck safety would be for Congress to pass the Safe Highways and Infrastructure Protection Act. The proposed legislation calls for limitations on the size of trucks, which the industry seeks to make ever larger.

Research shows that so-called "longer combination vehicles" (LCVs) and triple-trailer trucks are considerably more dangerous than today's single-trailer trucks. The Safe Highways legislation, sponsored by Sen. Frank Lautenberg, D-NJ and Rep. Jim McGovern, D-Mass, would keep these over-sized trucks off the road in the interest of safety.

These limitations make sense. After all, motorists should not be put at unreasonable risk on the road from monster-size trucks. At 100,000 pounds, the larger trucks are, as Sen. Lautenberg puts it, "behemoths." And the triple-trailers are almost absurdly elongated -- their length is like the height of a 10-story building.

Both safety groups and the Teamsters union, which represents 600,000 drivers, support the legislation.

Federal Regulations on Trucking Safety

Another important element in making trucking safer involves tightening federal rules on hours of service (HOS) regulations for truck drivers and record-keeping aboard trucks. For years, many truck accidents have been caused by driver fatigue, and drivers have often felt under pressure to falsify their logbooks to conceal their excessive hours behind the wheel without proper rest.

A Texas police officer who investigated a terrible fatal crash caused by a sleepy trucker in 2004 put it this way. "The use of paper logbooks by truck drivers is like running a business with paper notebooks and no computers," said Robert Mills, who became an outspoken supporter of trucking reform after responding to a grisly accident that killed 10 people.

The logbooks were supposed to be a way to enforce federal rules limiting truck drivers to 77 hours of driving a week, and no more than 11 hours consecutively at any one time. As Mills noted, however, speaking at a Truck Safety Coalition news conference, drivers sometimes refer to these easily-altered logs as "comic books."

After so many personal injuries and wrongful deaths, that needs to change. Truck accidents are many things, but they are no joke.

The Federal Motor Carrier Safety Administration is therefore working on finalizing two related rules. One rule would place a 10 consecutive hour limit on driving. The other rule would require a conversion to electronic on-board recorders (EOBRs) aboard trucks. At present, the trucking industry is supportive of the on-board recorders proposal but is resisting the stricter driving limits.

The Pain of Victims' Family Members

As Congress and federal regulators make their decisions on truck safety proposals, it is important for the voices of victims of truck accidents to be heard. Fortunately, that is beginning to happen.

At a Senate hearing in May, a man named Ron Wood talked of losing five family members in the 2004 truck accident that Robert Mills responded to as a police officer. Mr. Wood lost his mother and sister, as well as three nephews, when an 18-wheeler came over the median and crashed into two cars. The SUV carrying Wood's family went up in flames following the impact.

Wood was joined by many other victims at the hearing. They all told wrenching stories about losing loved ones to accidents caused by large trucks.

If you have been injured in a truck accident, or someone close to you has been killed, contact an experienced personal injury attorney in The Cole Legal Group. A lawyer can assess your case and explain your legal options.


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source: www.einnews.com (Colucci, 7/31)