| Volume 98 Number 6 |
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The People’s Lawyer’s Tip of the Day
Ticket scalping on private property is legal in Texas, but be careful. Ticket scalping on public property outside the ballpark isn't legal. Buying tickets online or from someone you do not know can be dangerous. Use common sense. If the deal looks to good to be true it probably isn't. Buy from a reputable businesses or someone you know, and use a credit card to protect yourself in case you get scammed.
For more general information about the law, check out my website.
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The True Worth of a Point or a Mile
What are your points and miles really worth?
Although the value of a point or mile depends in large part on your personal preferences, there are some objective criteria one can look at to compare points and miles of one brand to another. Keep in mind, as some companies change their policies, the value of points can increase or (more likely) decrease over time. For example, the value of a United mile dropped from 2 cents to 1.6 cents over the past year.
Find out what your points and miles are really worth!
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Chrysler Recalls 780,000 Minivans
Do you own a Chrysler minivan? If so, your vehicle may be under recall.
Chrysler has issued a recall for 780,000 minivans in order to replace power window switches that can catch fire. Affected minivans include by Chrysler and Dodge brand vehicles.
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Company Can't Collect for Negative Review
When a consumer left a negative online review for KlearGear.com, the company tried to collect $3,500 from the consumer for breaching a "non-disparagement clause." In part, the policy states:
"In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees."
KlearGear.com went so far that the consumer had to deal with a credit report tainted by the $3,500 fine. As a result, the consumer sued the company and won. The court said:
"[The Plaintiff] does not now, and never did, owe KlearGear.com or any other party any money based on KlearGear.com’ s “non-disparagement clause” or any money based on [the Plaintiff's] failure to make any payment allegedly owing under that clause."
Could other companies institute a non-disparagement clause? Could such clauses be enforceable in other circumstances?
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Your Money
Compare interest-only to traditional mortgage!
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For the Lawyers
Dispute was outside scope of arbitration clause.
The Third Circuit held that a dispute over a letter sent to doctors was outside the scope of a clause requiring arbitration of disputes “regarding the performance or interpretation of the Agreement.”
The court found that “whether CIGNA performed its obligations under the Agreement has no bearing on whether it harmed the [device company] by providing physicians with misleading information” about their services. The Third Circuit also found that derivative claims were outside the scope of the Agreement’s arbitration provision. The court found that the underlying claims did not concern the “performance or interpretation of the Agreement” and therefore the claims would not have been arbitrable even if the device company brought them directly.
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