| Volume 121 Number 9 |
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The People’s Lawyer’s Tip of the Day
Buying a gift "all sales final" means the person you give it to cannot return it simply because he or she doesn't like it or it doesn't fit. But "all sales final" does not mean you are out of luck if it is broken or defective. Even in a final sale, the seller warrants the goods are not defective. Only when goods are sold "as is" should buyer beware. Click here for more.
Better Inhaler Lessons can Prevent Asthma Emergencies
A major weakness of asthma care is that many patients don’t know how to use inhalers to deliver life-saving medicine when they’re gasping for air. The fix may be as simple as taking more time to teach patients how the devices work, a U.S. study suggests. Click here for more.
Your Money
The Federal Trade Commission and the National Association of Realtors® are warning home buyers about an email and money wiring scam. Hackers have been breaking into some consumers’ and real estate professionals’ email accounts to get information about upcoming real estate transactions. After figuring out the closing dates, the hacker sends an email to the buyer, posing as the real estate professional or title company. The bogus email says there has been a last minute change to the wiring instructions, and tells the buyer to wire closing costs to a different account -- the scammer’s account. Click here for more.
For the Lawyers
Unavailable forum invalidates arbitration agreement. A borrower entered into a pay-day loan agreement in August of 2012 that contained an arbitration provision mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the NAF. However, as of 2009, NAF did not accept consumer arbitrations. The Eleventh Circuit affirmed the trial court’s ruling that the arbitration agreement’s choice of forum of the NAF was not an “ancillary logistical concern,” but was central to the arbitration agreement. Accordingly, the lender could not enforce the arbitration agreement, and the borrower’s lawsuit was permitted to proceed in court. Flagg v. First Premier Bank, Case No. 14-14052 (11th Cir. Feb. 23, 2016). Click here for more.