| Volume 68 Number 8 |
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The People’s Lawyer’s Tip of the Day
Do you have the right to return a gift you don’t like? Return policies are a matter of contract law and are determined at the time of purchase. If the store has a notice posted saying, “no returns-exchange only” the person who receives the gift will be bound by this rule. It is always a good idea to ask the store about its return or exchange policy before you purchase the gift. Click here for more.
Supreme Court to Rule on Healthcare Law
Just four months before Election Day, the Supreme Court of the United States will make a ruling on the Affordable Care Act. On Monday, the Supreme Court announced it will hear arguments in March with a ruling expected by June. The Supreme Court has planned a staggering 5.5 hours of oral arguments, with a particular focus on the "individual mandate" that requires individuals to buy health insurance or pay a penalty. How could the makeup of the court impact the decision? What will this decision mean for the United States? Click here for more.
Recall: 5 Million Contact Lenses
CooperVision Inc. officials have expanded a recall of its Avaira brand contact lenses to include 5 million contacts that shipped from the warehouse. According to the recall, the contact lenses are contaminated with a silicone oil residue to may lead to eye injuries and severe pain. The recall expansion comes one month after the FDA issued a Class I warning about the products. Class I recalls are saved for problems in which there is a reasonable chance of serious adverse health consequences or death. Do you use Avaira brand contact lenses? Click here for more.
Recall: Nissan 370Z & Infiniti G37
Do you own a 2011-2012 Infiniti G37 or 2011 Nissan 370Z? According to the National Highway Traffic Safety Administration, the auto-reverse feature on windows may not function properly and could result in injury. To read about this recall, Click here for more.
Internet Censorship Bill Before Congress
The Stop Online Piracy Act, a bill that would give the government new powers to censor the internet, went before the House Judiciary Committee on Wednesday. The bill has sparked a battle between the film/music industries and top internet companies, with companies like Google, Facebook, and Twitter strongly opposing the measure. Although the intent is to protect intellectual property and increase criminal penalties for counterfeit online traffic, there are some who argue the power to censor the internet is simply too broad. Click here for more.
Your Money
How long will it take to double your savings? Click here for more.
For the Lawyers
Arbitration provision unconscionable and unenforceable. The Vermont Supreme Court held that a home inspector’s arbitration clause was unenforceable. The court noted that “the contract’s limitation on [the defendant’s] liability creates a disingenuous arbitration remedy for the plaintiffs. Even standing alone, limiting liability to $285 irrespective of the actual damages incurred by the customer would be, at minimum, highly suspect. But under this contract’s governing arbitration rules, the plaintiffs could not recover even the cost of the filing fee much less any compensatory damages. Thus, the liability limit in the contract is a complete impediment to any effective remedy for the home inspector’s negligence or even intentional tort.” Click here for more.