| Volume 89 Number 3 |
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The People’s Lawyer’s Tip of the Day
Always use a credit card when shopping online or by mail. Federal law allows you to refuse to pay the credit card bill if the goods are never delivered.
For more general information about the law, check out my website.
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Cars Top List of Most Common Complaints
The latest list of top consumer complaints is out, and car issues once again take top 'honors.' Whether it's mileage misrepresentation, mechanical problems, or deceptive trade practices, consumers experience numerous problems with cars.
Also on the list are issues related to debt collection, home-improvement, and foreclosures.
Check out this year's top consumer complaints!
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Security Flaw Found in Apple Charging Port
When Apple changed the charging port of the iPhone 5, many consumers were upset. The change meant that consumers would have to purchase new compatible devices, or an expensive adapter.
Another, more pressing issue recently came to light. It turns out the new charging port also exposes the Apple device to hackers, allowing them to access the phone when it is plugged into a station. Although Apple says the problem can be addressed by upgrading to iOS 7, some experts disagree.
Is you Apple device vulnerable?
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How to Fight Stress & Improve Health
Stress can not only burden your psyché, it can also be very detrimental to your health. From sleepless nights to high blood pressure and heart attacks, stress can be deadly. However, it doesn't have to be. Although every person is unique, there are many ways a person can manage and overcome stress. Check them out, and see if any work for you!
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Your Money
Do you need a new credit card? Which one is right for you?
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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.’”
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