| Volume 114 Number 15 |
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The People’s Lawyer’s Tip of the Day
Texas doesn’t have alimony, but in some cases a spouse may be awarded “spousal support.” If you have been married at least ten years and cannot support yourself, the court may order your spouse to pay support following a divorce.
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U.S. Economy Still Going Strong
Despite recent turmoil in the markets, leading economic indicators show the U.S. economy is still robust. Consumer Spending was up in July, led by strong automobile sales. Even better, income gains outpaced spending, savings rates rose, and inflation remained flat. Click here for more.
Your Money
After the housing crisis in 2008, it was almost impossible to get a home loan unless you made a 20% down payment. Things are loosening up again as banks and regulators adjust to new lending standards, and it is now possible to get home loans with as little as 3-5% down. While you will have to pay for mortgage insurance with such low down payments, the rates for such insurance have also decreased. Click here for more.
For the Lawyers
Unaccepted Rule 68 offer of judgment can not moot a named-plaintiff’s claim in a putative class action. Plaintiff sued bank for improper $2.95 ATM transaction fee in violation of the Electronic Funds Transfer Act ("EFTA"). Bank made a Rule 68 offer of $1000, Plaintiff rejected the offer, and a class was certified. The bank then argued that the rejection of the offer mooted the class action, and the district court agreed, dismissing the action. The Fifth Circuit reversed, noting that the matter was already under review by the Supreme Court in Gomez v. Campbell-Ewald, 768 F.3d 871 (9th Cir. 2014), cert. granted, 135 S. Ct. 2311 (2015), and joined a minority of the federal appellate courts in holding that an unaccepted Rule 68 offer of judgment does not moot a named-plaintiff’s claim in a putative class action. Hooks v. Landmark Indus., Inc., No. 14-20496 (8/12/2015) Click here for more.