| Volume 98 Number 8 |
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The People’s Lawyer’s Tip of the Day
If you buy a new car you have three days to change your mind, right? Wrong! Unless you have were misled, deceived, or otherwise tricked into signing the contract, once you sign you are bound. If you are not sure, don't sign.
For more general information about the law, check out my website.
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Choosing the Right Fitness Tracker
Over the past year, fitness trackers have become very popular. From the Fitbit Flex to the Jawbone UP, many consumers around the country have taken to wristband fitness trackers to live healthier lifestyles.
With so many fitness trackers to choose from, how do you know which one is right for you?
Choosing the right band depends entirely on your goals. Are you more interested in tracking sleep than steps? Are you a gym rat, or just looking for more information about your lifestyle?
No matter your goals, there's probably a fitness tracker for you. See how they compare.
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Apple Acknowledges Texting Problems
Just a week after a consumer filed a lawsuit against Apple for problems associated with its text messaging system, Apple is now acknowledging the problem.
If you use an Apple iPhone, you're able to send messages to other iPhone users through Apple iMessage. iMessage is distinct from text messaging because it doesn't use cellular carriers to transmit messages. Instead, it uses the internet to transmit messages through the Apple database. If you drop the iPhone for another mobile device, you may stop receiving text messages from your friends and family. That's because their phones don't acknowledge that you've left iMessage. In effect, your messages disappear.
After acknowledging the problem, Apple announced that it has fixed the server-side bug and is working on an iPhone update.
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Your Money
How much of your social security can be taxed?
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For the Lawyers
Arbitration clause survives the contract.
The Sixth Circuit recently answered the question of whether an arbitration clause survives the termination of the contract containing it.
A class of employees alleged FLSA violations by their employer. Each of their employment agreements had an arbitration clause and a “survival clause” which listed a few of the contractual clauses that survive termination of the agreement. But the survival clause did not mention the arbitration clause. The Sixth Circuit cited Litton v. NLRB, 501 U.S. 190 (1991), which “recognized a ‘presumption in favor of postexpiration arbitration of matters unless negated expressly or by clear implication [for] matters and disputes arising out of the …contract.’”
Because the survival clause in the instant case was silent about arbitration as well as about other clauses that would logically survive the contract’s termination, the court found that silence was not enough to expressly negate the survival of the arbitration clause.
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