| Volume 99 Number 9 |
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The People’s Lawyer’s Tip of the Day
When shopping be sure to keep an eye on the register. Don't assume that just because a product is scanned, the amount is correct. Scanners are not always properly programmed to include sales and special deals, and often make errors.
For more general information about the law, check out my website.
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Judge Rules No-Fly List Unconstitutional
The federal government's no-fly list is unconstitutional.
On Tuesday, a federal judge in Oregon found that the no-fly list violates Americans' right to travel freely. According to the court, travel is more than a mere convenience. Instead, it is "a necessary aspect of liberties sacred to members of a free society."
The no-fly list case arose when thirteen American Muslims filed suit after they were not allowed to fly because their names were on a secret no-fly list. There is no evidence any of the plaintiffs have ever had any ties to terrorism and none have been charged with any crime. All of the plaintiffs attempted to find reasons for their inclusion on the no-fly list, but the Department of Homeland Security provided no explanations.
The ruling orders the Department of Homeland Security to create a "meaningful procedure" for disclosing how someone ended up on the list.
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Whole Foods to Pay $800K for Overcharges
Whole Foods has agreed to pay $800,000 in fines after an investigation by California authorities revealed the popular grocery store was overcharging consumers for items priced by weight.
California Weights and Measures inspectors found that Whole Foods failed to deduct the cost of containers when charging for self-service food. Although the investigation revealed food prices to be accurate 98% of the time, California attorneys remarked that consumers should never be overcharged by their local market. Of the $800,000 fine, $630,000 is allocated for civil penalties. However, none of the money will be reimbursed directly to consumers.
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Your Money
What could your current savings grow to?
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For the Lawyers
Unconscionability is a question of law and an unconscionable provision may be severed from an arbitration agreement.
The Texas Supreme Court held that a provision in an arbitration clause waiving the Deceptive Trade Practices Act was unconscionable, but the clause was otherwise enforceable. The unconscionable provision could be severed from the arbitration clause.
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