| Volume 122 Number 4 |
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The People’s Lawyer’s Tip of the Day
Do you have the right to return a gift you don’t like? Return policies are a matter of contract law and are determined at the time of purchase. If the store has a notice posted saying, “no returns-exchange only” the person who receives the gift will be bound by this rule. It is always a good idea to ask the store about its return or exchange policy when you purchase the gift. Click here for more.
FDA to Revoke Pig Drug Approval over Human Cancer Risk Concern
The U.S. Food and Drug Administration moves to revoke approval of a drug used to treat certain conditions in pigs because it could leave a cancerous residue that may affect human health. Click here for more.
Your Money
As we make more and more purchases online, we often rely upon online reviews of products. In many cases, a large number of positive reviews of a product can be a useful indicator of product quality. That said, be careful because some online reviews are actually posted by people paid by companies to post positive reviews. This link has tips on how to tell the difference between real consumer reviews and deceptive advertising. Click here for more.
For the Lawyers
Carve out clause does not invalidate arbitration agreement. The California Supreme Court considered the enforceability of an arbitration agreement authorizing the parties to seek provisional relief in a judicial action while still compelling the remainder of the dispute to arbitration. According to the court, the clause carving out provisional relief from the arbitration obligation “which does no more than restate existing law . . . does not render the agreement unconscionable.” Moreover, the court reiterated that an arbitration agreement remains enforceable even when it only lists claims that would likely be brought by an employee and does not list claims that might be brought by an employer. Baltazar v. Forever 21, Inc. (S208345) Click here for more.