| Volume 132 Number 4 |
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The People’s Lawyer’s Tip of the Day
Under federal law most gift cards cannot expire in less than five years, but not all. Certain business, bonus or rebate cards may have a much shorter expiration date. Carefully read any gift card to determine how long you may use it.
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Mead Johnson whistleblower lawsuit claims baby formula packaging defective
Former consultant and employee for Mead Johnson for more than 25 years, claims in a lawsuit filed Thursday in U.S. District Court in Chicago that the Glenview-based maker of pediatric food products "touted its hermetically sealed liquid formula as safer than powdered formula," but in reality, she alleges, the seals on the 8-ounce product were prone to leaking, making it easier for microorganisms and other contaminants to enter the packaging.
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Your Money
4 tips for avoiding capital gains tax. 1. Invest with a tax-advantaged retirement account. 2. Hold your investments longer. 3. Sell losses to offset gains. 4. Record all home improvements you make. Click here for more.
For the Lawyers
Fax invitation offering a free dinner sufficient to violate Telephone Consumer Protection Act. Physicians filed suit alleging violations of the TCPA. They alleged that defendant sent an unsolicited advertisement in violation in violation of the Act-- a fax invitation for a free dinner meeting to discuss ailments relating to Physicians' business. The district court dismissed for failure to state a claim, holding that no facts were pled that plausibly showed that the fax had a commercial purpose. The Second Circuit held that, while a fax must have a commercial purpose to be an "unsolicited advertisement," the district court improperly dismissed Physicians' complaint where Physicians' allegation is sufficient to state a claim. The court vacated and remanded, noting, “While we agree that a fax must have a commercial purpose to be an ‘unsolicited advertisement,’ we hold that the district court improperly dismissed appellant’s complaint. Where it is alleged that a firm sent an unsolicited fax promoting a free event discussing a subject related to the firm’s business, the complaint is sufficient to state a claim.” Physicians Healthsource v. Boehringer Ingelheim Pharmaceuticals, (2d Cir. 2017). Click here for more.