| Volume 143 Number 87 |
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The People’s Lawyer’s Tip of the Day
The Coronavirus Aid, Relief, and Economic Security (CARES) Act gives some flexibility to federal student loan borrowers. Understanding these options can help you make more informed decisions about paying your bills and prioritizing your debts. The benefits have been extended until December 31, 2020. Click here for more.
Dozens of Amazon's own products have been reported as dangerous
A growing number of AmazonBasics products, which the company promotes heavily on its site, have become bestsellers since the line's inception, and many have ratings above four stars, according to Marketplace Pulse research. In recent months, the online retailer's sales have been soaring as millions of Americans have been staying at home -- and in many cases working remotely -- during the ongoing pandemic.
But consumers have raised serious safety concerns about AmazonBasics items in complaints to government regulators and in reviews posted on Amazon's own website. Since 2016, at least 1,500 reviews, covering more than 70 items, have described products exploding, catching on fire, smoking, melting, causing electrical malfunctions or otherwise posing risks, according to an analysis of AmazonBasics electronics and appliances listed on its website. Click here for more.
Your Money
Working part time is nothing new, but the gig economy makes it more attractive than ever to take a high-paying hourly job. Rather than toiling in a single full-time job, online employment platforms make it possible to string together a number of part-time positions for a career that features flexible hours and expanded free time. However, part-time employment has downsides when it comes to retirement. While full-time workers can receive enticing perks like retirement plans and health insurance, gig workers and others with part-time hours may be solely responsible for their own savings and benefits. That can make it difficult to prepare for the retirement lifestyle you want, especially if you only work a single part-time job. Click here for more.
For the Lawyers
Nominal damages are not available when the harm is entirely economic and subject to proof. Lost profits must be shown with reasonable certainty. First Service Credit Union refused to provide funds to plaintiff Chehab immediately after the deposit of a wire transfer. Plaintiff filed suit alleging breach of contract, breach of fiduciary duty and DTPA, because his deposit contract with the bank required it to make funds available immediately. The court of appeals found nominal damages were not recoverable, noting that “by pleading for monetary damages, Chehab is not entitled to recover nominal damages.” The court also noted that damages are a required element of each of Chehab's claims. To avoid summary judgment when presented with a no-evidence motion, an injured party must do more than show that he suffered some lost profits. He must show the amount of the loss by competent evidence with reasonable certainty. At a minimum, opinions or estimates of lost profits must be based on objective facts, figures, or data from which the amount of lost profits may be ascertained. The court concluded, “Chehab's claims did not raise a genuine issue of fact as to whether Chehab suffered any lost profits damages resulting from First Service's alleged breach of contract, breach of fiduciary duty, or violation of the DTPA.” Chehab v. First Serv. Credit Union, 2020 Tex. App. LEXIS 7136 (Tex. App.—Houston [14th Dist.] 2020, no pet. h.). Click here for more.