| Volume 101 Number 3 |
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The People’s Lawyer’s Tip of the Day
The law limits how long you may be sued for a debt. In Texas most debts have a four year limitation period. If you are sued after that time, you have a defense based on what the law calls the "statute of limitations."
For more general information about the law, check out my website.
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Feds to Investigate Expendables Leak
After a nearly perfect copy of Expendables 3 hit the Internet three weeks before the theatrical release, it was widely expected that Lionsgate wouldn't let it slide. Of course, the company acted swiftly.
On the same day that Lionsgate filed suit against websites hosting the movie, the U.S. Department of Homeland Security’s Immigration and Customs Enforcement opened an investigation into the source of the leak leading to two million illegal downloads.
Lionsgate has demanded the sites remove the movie. In its lawsuit, Lionsgate is seeking restraining orders, injunctions, and monetary damages.
What could happen to the two million who illegally downloaded the movie?
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Apple to Introduce iPhone 6 September 9
Ok Apple junkies, there's finally a date for the new iPhone announcement. According to reports, Apple is set the announce the latest generation of iPhone at an event on September 9.
Rumors persist that the iPhone 6 will come with 4.7" and 5.5" display sizes with faster A8 processors.
The current model iPhone 5S has a 4" display.
What should you expect from the iPhone 6?
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Russian Hackers Get 1.2B Login Credentials
Are your login credentials safe?
A group of Russian hackers have collected 1.2 billion usernames and passwords, including 500 million email addresses. The hackers didn't just target U.S. companies, instead focusing on any website they could easily attack.
Although there is no indication that the information has been sold, consumers should still make every effort to protect their online privacy.
Even if you think you're safe from attack, change your passwords frequently, keep a close eye on your bank and credit card statements, and monitor your credit report.
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Your Money
Are you self employed? Try this tax calculator!
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For the Lawyers
Jurisdictional amount in federal court in a consumer case may include Lemon Law’s additional damages and attorneys’ fees.
The Seventh Circuit affirmed a judgment of $95,000 under Magnuson-Moss and the Wisconsin Lemon Law. The court first noted the unusual jurisdictional issue. The district court had original jurisdiction over the state law claim but only supplemental jurisdiction over the federal law claim.
The court held that additional damages under the Lemon Law as well as the award of attorneys’ fees could be used to establish diversity jurisdiction over the state law claim, which would give the court supplemental jurisdiction over the federal claim under Magnuson-Moss. The court also considered the fact that the manufacturer told the consumer to get the vehicle repaired at an unauthorized facility. Finding that the manufacturer’s instructions did not defeat the Lemon Law claims, the court stated, “We cannot imagine that the Wisconsin courts would hold that Burzlaff lost his rights under the Lemon Law by relying on the manufacturer’s instruction.”
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