| Volume 60 Number 8 |
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The People’s Lawyer’s Tip of the Day
As a general rule, a business is not liable for a slip and fall injury simply because it owns the property where the injury occurred. For the business to be responsible the injured person must show the business was "negligent" and that is why the injury happened. For example, if the business knew there was a slippery spot on the floor and did not take reasonable steps to clean it up, it would be liable to a customer who was injured as a result of its negligence. Click here for more.
AT&T to Acquire T-Mobile
AT&T has struck a deal to acquire T-Mobile USA from Deutsche Telekom for $39 billion in cash and stocks. The acquisition will increase AT&T's network density by 30%, add 1.2 million square miles of network, and expand accessibility to 46.5 million Americans. Although the impact on consumers is uncertain, previous deals suggest the new efficiencies in AT&T's network will result in lower prices. Are you a T-Mobile or AT&T consumer? Click here for more.
Price of Gasoline Continues to Increase
Gasoline prices increased by nearly seven cents over a two week period to bring the average price to $3.57 a gallon. Market experts blame violence and unrest in Libya for the recent price increases. After the devastating events in Japan, the third-largest importer of oil, the price for crude oil actually began to decrease. However, the market for oil and gasoline is constantly changing. This weekend, the United States and its allies took military action in Libya. As a result, the price for crude oil could spike again, leading to even larger increases in gasoline prices. Many economists still predict gasoline prices will drop dramatically before the end of the year. Click here for more.
AARP Sues HUD Over Foreclosures
The AARP Foundation has filed a lawsuit against the U.S. Department of Housing and Urban Development, alleging HUD's constantly changing rules and unfair practices have led to foreclosures for many senior citizens in reverse mortgages. Reverse mortgages allow senior citizens to release home equity, in a lump sum or through multiple payments, and are repaid upon death.
For more information on the complaint and to see a copy of the lawsuit, Click here for more.
Your Money
How much life insurance do you need? Click here for more.
For the Lawyers
Debt Collector cannot enforce an arbitration award without proof that the consumer agreed to arbitrate. The Louisiana Supreme Court ruled that under the plain language of the FAA, a party seeking to confirm an arbitral award must provide the court with a copy of the arbitration agreement between the parties. The collector argued that the failure of the debtor to move to vacate the award within the statutorily prescribed deadline meant the debtor waived all defenses. In essence, if no motion to vacate, modify, or correct an arbitral award is filed within three months, a court is legally required to confirm the award as a purely ministerial act. The court disagreed and that where, as here, the party seeking confirmation has failed to proffer sufficient admissible evidence to make a prima facie case that the parties entered a valid agreement to arbitrate, the court cannot confirm the award. Click here for more.