Neb. high court reinstates suit against attorney
National News
The Nebraska Supreme Court has reinstated a lawsuit against an attorney that was filed by a former client convicted of securities fraud.
Bryan Behrens had sought to sue Christian Blunk for more than $8 million due to Behrens client-investors. In court filings, Behrens says Blunk gave him bad advice and was to blame for the securities fraud. But a Douglas County district judge dismissed the case in March, because Behrens had sought Fifth Amendment protection from self-incrimination.
In the opinion issued Thursday, the high court says the judge was wrong to throw out the lawsuit and should have delayed the case until after Behrens' criminal trial.
Behrens, of Omaha, pleaded guilty to securities fraud and was ordered to spend five years in prison and repay his victims.
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Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.