| Volume 133 Number 3 |
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The People’s Lawyer’s Tip of the Day
Extended warranties are usually a bad buy for a consumer; but check your credit card. Many credit cards, especially premium cards, offer free buyer's protection plans that act like an extended warranty when you pay with the card. Click here for more.
Credit Reports to Exclude Certain Negative Data, Boosting FICO Scores
Many tax liens and civil judgments will soon be removed from people’s credit reports, the latest in a series of moves to omit negative information from these financial scorecards.
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Your Money
5 last-minute tax tips you need this year: (1) report all of your income; (2) know your tax credits; (3) don't guess at deductions; (4) contribute to last year's IRA; and (5) file electronically. Click here for more.
For the Lawyers
An unaccepted Rule 68 offer of judgment is, regardless of its terms, a legal nullity. Plaintiff filed an action under the TCPA, requesting damages, an injunction, and requesting the case be treated as a class action. Defendant made a Rule 68 offer of judgment in satisfaction of Plaintiff’s individual claims. After Plaintiff rejected the offer, defendant deposited the amount of the offer with the court and moved to dismiss. The district court entered judgment under the terms of the rejected settlement offer and dismissed the action as moot because, following the settlement offer and entry of judgment, "there remain[ed] no case or controversy." The Second Circuit reversed. The court found that the Supreme Court’s decision in Gomez v. Campbell-Ewald Co., 136 S. Ct. 663 (2016) makes it clear an unaccepted offer of settlement is a legal nullity. Radha Geismann, M.D., P.C. v. ZocDoc (2d Cir. 2017). Click here for more.