| Volume 109 Number 2 |
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The People’s Lawyer’s Tip of the Day
Under the law, a landlord cannot withhold money from a security deposit for damage caused by ordinary wear and tear. What’s the best way to prove that you didn’t damage an apartment while you lived there? Modern smart phones make this easy: take pictures or a video before you move in, and when you move out.
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Texas Attorney General Sues Magazine Subscription Scammers
Ever wonder about a subscription renewal notice you receive for a magazine you just renewed? Sometimes such notices are scams, and the Texas Attorney General recently filed suit against three Oregon companies for defrauding consumers of renewal fees for subscriptions the companies were not authorized to sell. Many consumers who were charged the bogus renewal fees never received their subscriptions, and others were charged 100 to 200 percent more than the cost of subscriptions through authorized channels. The Texas Attorney General’s action is part of a multi-state action including the Attorneys General of Missouri, Minnesota, New York and Oregon, each of which are filing contemporaneous lawsuits against the companies.
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Your Money
The good news during tax season is that many people will be expecting refunds. Unfortunately for some of those people, there are some situations where the government can keep your refund. Read here and don't be surprised. Click here for more.
For the Lawyers
Federal Arbitration Act preempts Section 74.451 of the Texas Civil Practice and Remedies Code, relating to agreements to arbitrate health care liability claims. The Texas Supreme Court held that the section of the Texas Medical Liability Act requiring an attorney to sign a clause requiring arbitration is preempted by federal law. The court held that it is not saved by the provisions of the McCarran-Ferguson Act, which provides an exemption from preemption that applies to state statutes enacted for the purpose of regulating the business of insurance. The court noted that Section 74.451 of the Texas Civil Practice and Remedies Code was not a law enacted by the Texas Legislature for the purpose of regulating the business of insurance. It simply applies to agreements to arbitrate health care liability claims between patients and health care providers. Accordingly, the MFA does not exempt section 74.451 from preemption by the FAA, and the trial court should have granted the motion to compel arbitration. THE FREDERICKSBURG CARE COMPANY, L.P., PETITIONER, v. JUANITA PEREZ, VIRGINIA GARCIA, PAUL ZAPATA, AND SYLVIA SANCHEZ, INDIVIDUALLY AND AS ALL HEIRS OF ELISA ZAPATA, DECEASED, RESPONDENTS Click here for more.