| Volume 121 Number 2 |
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The People’s Lawyer’s Tip of the Day
A store has the right to sell something and limit your right to return it by saying “no returns,” or “exchange only.” But this does not apply to something that doesn’t work. You are always entitled to get a working product, unless it was purchased “as is.” Click here for more.
M&M's Promises New Flavors and Textures as Brand Turns 75
M&M's have been one of America's most recognizable candies for decades, but as the brand turns 75, it's rolling out a strategy aimed at keeping the chocolates relevant for a new generation of snackers. Some of the changes will include new colors, flavors, textures and fillings, or new package designs made for on-the-go eating. Click here for more.
Your Money
Sports Authority filed for Chapter 11 bankruptcy protection this past Wednesday. Although the company expects to honor its customer loyalty program, warranties on items purchased, and gift cards, it’s best to use the gift cards as soon as possible. Click here for more.
For the Lawyers
Prevailing party defending an arbitration award in suit to vacate the award is not entitled to costs and attorney fees. The United States Court of Appeals for the Second Circuit was asked to review a district court order confirming an arbitration award and awarding costs and attorney fees to the prevailing party. In reversing in part, the Second Circuit vacated the award of costs and attorney fees. The parties agreement provided: “BREACH. Damages for breach of this Charter shall include all provable damages, and all costs of suit and attorney fees incurred in any action hereunder.” The second circuit found that this provision authorized a fee award against a party that breached the charter agreement as part of the non-breaching party’s damages. Here, there was no finding of a breach of the charter agreement thus no basis to award costs and attorney fees. Zurich Am. Ins. Co. v. Team Tankers A.S. Click here for more.