| Volume 87 Number 6 |
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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.
For more general information about the law, check out my website.
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CFPB Raises Concerns Over Overdraft Fees
Many people like to have overdraft protection, but it can be very costly. Although many people think it can be a great way so save money when you make a mistake, the CFPB warns that "consumers who opt in for overdraft coverage end up with more costs and more involuntary account closures."
Ultimately, the CFPB is concerned that overdraft programs may actually increase consumer costs.
Why does opting in to an overdraft program put a consumer at greater risk?
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SCOTUS: Human Genes Can't Be Patented
According to the Supreme Court, isolated human genes may not be patented. The decision marks a huge victory for public, especially those at risk for cancer.
The case stemmed from a group of scientists and doctors who challenged patents held by Myriad Genetics, which identified genes associated with hereditary breast and ovarian cancer. According to the group, the patent made helping patients extremely difficult.
Because of Myriad's patent, patients had to pay more than $3,000 to have the genetic cancer testing. After the Supreme Court ruling, the price is expected to drop dramatically.
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Your Money
Are you planning on withdrawing early from your retirement account? Calculate the impact!
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For the Lawyers
Supreme Court upholds arbitrator's decision allowing class arbitration.
The U.S. Supreme Court upheld an arbitrator's decision that a particular arbitration clause authorized class arbitration. Justice Kagan wrote the main opinion, which was unanimous. The standard of review of arbitrators' decisions under the Federal Arbitration Act is highly deferential. So "the sole question for us," the Court stated, "is whether the arbitrator (even arguably) interpreted the parties’ contract, not whether he got its meaning right or wrong."
The Court agreed that the arbitrator was interpreting the contract, and that was that.
In a concurring opinion, Justice Alito and Justice Thomas suggested that any eventual class arbitration judgment in the case would be susceptible to collateral attack.
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