The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 88 Number 7

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The People’s Lawyer’s Tip of the Day

In Texas, your landlord cannot just throw you out, even if you don't pay rent. A landlord may change the locks on your door but must make a key available to you 24 hours a day. To evict you, he must go to court.



What are your rights when you haven't paid your rent?

 Click here for more.


Health Care Costs to Drop 50% in New York

Next year, health insurance premiums are set to drop dramatically in New York. Under the Affordable Care Act (Obamacare), New York set up online exchanges which fostered intense competition amongst insurers. As a result, state regulators have approved 2014 rates that are 50% lower than current rates in New York.



Supporters of the Affordable Care Act have pointed to New York as one example of the many positive changes forthcoming under the controversial law.



Why is this a positive sign for consumers? What other states are successfully setting up competitive insurance exchanges?


 Click here for more.


House Removes Food Stamps From Farm Bill

Could food stamps be a thing of the past?



In an unusual move, House republicans removed the food-stamp program from the latest edition of the farm bill.



Known officially as the Supplemental Nutrition Assistance Program, the food stamp program is administered by the U.S. Department of Agriculture to help low income families battle hunger. The program currently has over 48 million participants.



What's going to happen to the food stamp program? What does it have to do with farm policy?

 Click here for more.


Your Money

How much life insurance do you need?
 Click here for more.


For the Lawyers

Court discusses when additional discovery must be allowed on arbitrability.

The Third Circuit clarified when district courts must allow discovery about arbitrability. The court stated:

“[W]hen it is apparent, based on ‘the face of a complaint, and documents relied upon in the complaint,’ that certain of a party’s claims ‘are subject to an enforceable arbitration clause, a motion to compel arbitration should be considered under a Rule 12(b)(6) standard without discovery’s delay.’ But if the complaint and its supporting documents are unclear regarding the agreement to arbitrate, or if the plaintiff has responded to a motion to compel arbitration with additional facts sufficient to place the agreement to arbitrate in issue, then ‘the parties should be entitled to discovery on the question of arbitrability before a court entertains further briefing on [the] question.’ After limited discovery, the court may entertain a renewed motion to compel arbitration, this time judging the motion under a summary judgment standard. In the event that summary judgment is not warranted because … there is ‘a genuine dispute as to the enforceabilty of the arbitration clause,’ the ‘court may then proceed summarily to a trial regarding the ‘making of the arbitration agreement.’” Click here for more.

 

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