| Volume 51 Number 13 |
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The People’s Lawyer’s Tip of the Day
The law limits how long you may be sued for a debt. In Texas most debts have a four year limitation period. If you are sued after that time, you have a defense based on what the law calls the "Statute of Limitations." Click here for more.
Supreme Court Rules Arbitrators Will Determine Validity of Arbitration Clauses
Have you signed a contract with an arbitration clause? Do you think it is unfair or unconscionable? If so, you're going to have difficulty challenging the validity of the clause. Last week, in a 5-4 decision, the United States Supreme Court ruled that an arbitrator, not a court, will settle complaints over the validity of an arbitration clause. Questions of fairness, such as forcing a consumer to drive long distances, allowing the company to choose the arbitrator, and provisions charging exorbitant arbitration fees, will all be determined by the arbitrator. Consumer advocates argue mandatory arbitration robs consumers of the right to sue over disputes. There is currently legislation before the United States House and Senate that would make pre-dispute arbitration agreements unenforceable. To read about this case and the proposed legislation, Click here for more.
Supreme Court Rejects Tobacco Appeal
The Supreme Court has rejected an appeal by the Obama Administration to get involved in the legal fight over the dangers of smoking. The Obama Administration wants to extract billions of dollars from the tobacco companies in past profits, commensurate with the harm tobacco has caused society. Although the tobacco industry concealed the dangers of smoking, the ruling prevents the Obama Administration from collecting $280 billion in past profits. How will the Administration proceed? Click here for more.
One Million Lose Jobless Benefits
Legislation that would push back the federal unemployment benefits deadline to November and renew expired tax provisions failed to pass the Senate by a vote of 57 to 41 (60 votes are needed to pass). According to the National Employment Law Project, nearly one million people will lose their jobless benefits as a result of the failed legislation. The bill will now be pulled. Why are democrats giving up? What does this mean for the people who will lose their benefits? Click here for more.
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Estimate your FICO score! Click here for more.
For the Lawyers
Consumer fraud class action certified. The Seventh Circuit affirmed a district court order certifying a consumer class action based on fraud. The court noted that, "While consumer fraud class actions present problems that courts must carefully consider before granting certification, there is not and should not be a rule that they never can be certified." Click here for more.