The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 133 Number 9

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The People’s Lawyer’s Tip of the Day

Have you ever had a family law, wills, or landlord/tenant question? Are you being harassed by a debt collector, stuck with a lemon or interested in starting a business? These are just some of the legal topics taught at the People’s Law School! The People's Law school is a free program focused on sharing information with the public about their legal rights and the role these rights play in their daily lives. More than 50,000 people have attended classes at the People’s Law School, taught by volunteer judges, lawyers and law professors. The People's Law School takes place Saturday, April 1, from 9AM to 12:30PM at the Law Center on the main campus of the University of Houston. Arrive early for registration, coffee, and donuts. Although the People's Law School is free, you must register to attend! To register, Click here for more.


FDA shuts down soy nut butter maker linked to E. coli outbreak

The FDA has finally named and shut down the manufacturer of soy nut butter implicated in an ongoing nationwide E. coli outbreak, noting that records and employees at Dixie Dew Products Inc. revealed food safety violations going back at least 15 years. Just before the Food and Drug Administration went public Thursday evening with its action against Dixie Dew, other federal officials reported the E. coli outbreak linked to the so-called peanut butter substitute continues to grow. The soy paste outbreak includes at least 29 confirmed with infections from the outbreak strain of E. coli O157:H7 . Officials expect more victims, urge consumers and food operations to check for recalled products. Click here for more.


Your Money

4 assumptions that could destroy your retirement: (1) You'll only live another 15 to 20 years once you retire; (2) You'll be able to work as long as you wish; (3) You'll automatically spend less once you retire; and (4) Your Social Security benefits will cover all of your retirement expenses.  Click here for more.


For the Lawyers

Non-signatory bound by arbitration agreement. JRC executed a written sales contract ("Contract") with Trina to purchase the solar panels. Jasmin was not a signatory to the contract. Nonetheless, as the Contract's performance period began, Jasmin acted as though it was a party to the Contract. Jasmin asserted that as a non-signatory it was not bound by the agreement. The Southern District of New York rejected this argument, recognizing that a non-signatory may be bound to arbitrate pursuant to several different common law principles arising under contract and agency law, including agency and estoppel. In applying this principle, the court found that an agency relationship existed between Jasmin and JRC. JRC had actual authority to bind Jasmin, as evidenced by the parties' conduct during negotiations, and following execution of the Contract. JRC also had apparent authority to bind Jasmin, as Jasmin's conduct and statements reasonably interpreted would lead a third party in Trina's position to believe that Jasmin had consented to JRC executing the Contract on its behalf. Trina Solar US, Inc. v. JRC-Services LLC and Jasmin Solar Pty Ltd., No. 16-cv-2869, 2017 U.S. Dist. LEXIS 6134 (S.D.N.Y. Jan. 17, 2017). Click here for more.

 

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