| Volume 118 Number 7 |
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The People’s Lawyer’s Tip of the Day
With the holiday travel season coming up, many people will be flying. Most people know that the middle seats are the worst, but what's the problem with that seat with all the legroom next to the window on the emergency exit row? No place to put your stuff under the seat in front of you. This article lists the worst seats on airplanes and how to avoid them. Click here for more.
Obamacare Enrollment Deadline Extended
Because of a last-minute surge in people shopping for health insurance, the federal government has extended the deadline to purchase health care coverage under the Affordable Care Act by two days.
The U.S. Department of Health and Human Services said consumers will have until 2 a.m. CST Friday to buy coverage that will start Jan. 1. The deadline had been 2 a.m. CST Wednesday for people to buy individual or family health plans on the public marketplace via Healthcare.gov. Click here for more.
Your Money
If you are stringing up holiday lights, should you consider buying the new LED lights? A recent study shows that the average consumer would save $50 each season in energy costs. While the LED lights are initially more expensive than incandescent, the LEDs are more sturdy and last longer. The more lights you put up, the more you would save with the energy efficient LEDs. Click here for more.
For the Lawyers
California state law prohibiting class action waivers in arbitration agreements is not "valid law" for purposes of interpretation of arbitration clause after Supreme Court’s decision in AT&T Mobility v. Concepcion in favor of enforcement of arbitration agreements. The DirecTV service agreement which was the subject of a California class action included a binding arbitration clause, which included a class action waiver. The language indicated that the waiver would be unenforceable if the applicable state law (described in the agreement as “the law of your state”) made class action waivers unenforceable. Plaintiffs argued that because California had a state law making class action waivers unenforceable at the time of the filing, the clause allowed such a class, and both the district court and 9th Circuit agreed. The U.S. Supreme Court reversed the decision, holding that the phrase ‘law of your state’ is not ambiguous and takes its ordinary meaning: valid state law,” and that its decision in AT&T Mobility v. Concepcion specifically invalidating California’s law meant that there was no valid state law barring arbitration. DirecTV v. Imburgia (U.S. 2015). Click here for more.