| Volume 129 Number 10 |
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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.
Trump University Lawsuits Settled for $25 Million
On Friday, the New York Attorney General announced that President-Elect Donald Trump settled three class-action lawsuits related to his defunct Trump University for $25 million. The state of New York will receive $1 million and the rest will go to the plaintiffs, former students of Trump University. Attorneys for two of the lawsuits agreed to waive their fees so that all of the money will go to the plaintiffs. The lawsuits stemmed from allegations that Trump University defrauded and misled students. There was a free introductory course where students were told they could make tens of thousands of dollars in just a couple of months. But first, they had to sign up for another seminar that cost about $1,500 dollars. Additionally, the plaintiffs claimed that students were encouraged to use credit cards or cash out their 401(k)s to pay for tuition. Click here for more.
Your Money
How do you tell the difference between Black Friday deals that are worth dragging yourself to the store to get, and the ones that are worth neither the hassle nor your hard-earned dollars? First, if the deal is for a no-name or poorly reviewed gadget, beware. Always research the manufacturer and the model of any gadget you’re thinking of purchasing, no matter how good the deal sounds. These models are made to be offered at what looks like a heavily discounted price. If you’re thinking of buying a TV on Black Friday, research the model number. Some TVs are specifically manufactured for Black Friday and have lower-quality displays or lack other features of comparable TVs. Click here for more.
For the Lawyers
Ban on nursing home use of pre-dispute arbitration agreements blocked. A federal court enjoined the federal Centers for Medicare and Medicaid Services (“CMS”) from enforcing a rule, promulgated on September 28, 2016, which barred pre-dispute arbitration agreements between nursing facilities in the Medicare or Medicaid programs and their nursing home residents. The rule was to take effect on November 28. The court concluded that in promulgating the Rule, CMS had failed to prove that a ban on pre-dispute arbitration agreements was necessary to protect nursing home residents and within its existing statutory authority. This ruling means that nursing homes would not be in regulatory jeopardy while the preliminary injunction is in place if they do not act by November 28. However, as the court’s decision is preliminary only, the Rule may be reinstated in future legal proceedings in the case. Am. Health Care Ass’n v. Burwell (N.D. Miss. 2016). Click here for more.