| Volume 101 Number 2 |
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The People’s Lawyer’s Tip of the Day
State law allows a patient to obtain a copy of her medical records after providing written consent to the physician. For more information on obtaining your medical records,
For more general information about the law, check out my website.
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BP Appeals Spill Settlement to SCOTUS
On Friday, BP filed an appeal to the United States Supreme Court, claiming that lower courts erroneously approved a multi-billion dollar settlement that pays claimants not actually hurt by the company's 2010 oil spill. The appeal has been expected ever since the Fifth Circuit Court of Appeals refused to overturn the settlement offer in May.
BP helped create and agreed to the settlement in 2012. Further, the company initially agreed to pay companies losses that were not directly tied to the spill as part of a compromise. However, BP later shifted directions, and claimed that it should not have to pay losses related to anything but the spill. BP argues that no class settlement should be approved if it includes people and entities not hurt by its actions, regardless of whether it initially agreed to payout such groups.
The Supreme Court will likely decide whether to hear the case in October. If the Court decides to punt, the settlement will stand.
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HP to Pay $32.5M for Overcharging USPS
Hewlett-Packard (HP) will pay out more than $32 million to settle claims that it it didn't comply with the pricing terms of its contract with the United States Postal Service (USPS). According to the allegations, HP overcharged USPS from 2001 to 2010. With the USPS experiencing long-standing and continuous financial problems, the agency is particularly focused on operating costs, likely bringing greater attention the alleged breach of contract.
HP did not admit liability in the settlement, but expects to continue its business relationship with USPS going forward.
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P&G to Cut Products in Half
Proctor & Gamble (P&G) will cut about half its brands in the coming years to cut costs and promote company growth. The company, popularly known for products like Bounty, Tide, and Gillette, says it generates more than 90% of its sales from 70 to 80 "core" brands.
With the cuts, P&G plans to have fewer, but larger distribution centers.
Could your favorite P&G brands be on the chopping block? What will happen to the brands once P&G sells them off?
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Your Money
How much life insurance do you need?
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For the Lawyers
Arbitration provision did not cover dispute.
Plaintiff briefly had a checking account with Bank and had signed a signature card binding her to arbitration. Years after closing her account, plaintiff was injured in an automobile accident. The lawyer she retained allegedly embezzled plaintiff's portion of the settlement and she sued Bank, where the lawyer maintained his accounts, for negligence and conversion. Bank moved to compel arbitration based on the arbitration agreement.
On appeal, the Fifth Circuit noted that because the events leading to plaintiff's claim had nothing to do with her checking account opened years earlier for only a brief time, the notion that her claim falls within the scope of the arbitration agreement is "wholly groundless." The court stated that “The mere existence of a delegation provision in the checking account’s arbitration agreement, however, cannot possibly bind Douglas to arbitrate gateway questions of arbitrability in all future disputes with the other party, no matter their origin.”
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