| Volume 143 Number 95 |
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The People’s Lawyer’s Tip of the Day
If you get an email from the Chairman of the Federal Trade Commission about getting money because of an inheritance or relief funds related to the impact of the COVID-19 pandemic — or anything else — do not respond. Do not give out your personal information. But do hit “delete.” Click here for more.
CDC extends ‘no-sail order’ for U.S cruise ships
The Centers for Disease Control and Prevention (CDC) has extended its “no sail” order for U.S. ships, which previously expired September 30. The CDC said on Wednesday that the new order will last until October 31.
With no vaccine available, crowded spaces like cruise ships remain risky -- particularly for seniors and other vulnerable members of the population. After evaluating the outcomes of cruises that took place overseas, the agency concluded that cruises still aren’t completely safe. Click here for more.
Your Money
Open enrollment is the annual period, typically during the fall, when employees and other benefits recipients sign up for important employee benefits such as health insurance for the coming year. For workers, open enrollment may also be the time when they're allowed to update elections for life insurance, disability insurance, flexible spending account contributions and other important employee benefits. Here's how to ace the major components of employee open enrollment. Click here for more.
For the Lawyers
Enforcement of arbitration clause would lead to “absurd results.” A split Ninth Circuit on affirmed a lower court's ruling that DirectTV can't force a customer accusing the company of placing unauthorized robocalls to arbitrate his claims. The court held that to enforce an agreement he signed with AT&T before it purchased DirecTV would lead to "absurd results." The 2-1 opinion authored by Circuit Judge Diarmuid Fionntain O'Scannlain held that the Federal Arbitration Act does not preempt California law requiring courts to interpret contracts to avoid absurd results. The majority acknowledged its ruling is in contrast to a recent Fourth Circuit opinion that examined an "identical" arbitration clause also applied to Telephone Consumer Protection Act claims. Because the plaintiff in the proposed class action signed an arbitration agreement with AT&T, the panel's majority said that under DirecTV's interpretation of the agreement, Revich "would be forced to arbitrate any dispute with any corporate entity that happens to be acquired by AT&T, even if neither the entity nor the dispute has anything to do with providing wireless services to plaintiff— and even if the entity becomes an affiliate years or even decades in the future." The panel added, "No one disputes that arbitration clauses subject to the [Federal Arbitration Act] must be enforced in federal courts. But we are mindful that arbitration is a matter of consent, and we conclude that DirecTV has failed to establish that Revitch consented to arbitrate this pending dispute." Jeremy Revitch v. DirecTV LLC (9th Cir 2020) Click here for more.