Check out a recent piece published in The Nation by Kia Franklin, the author of the Tort Deform blog and a strong voice in support of our civil justice system, who has also been kind enough in the past to cross-post an article on that blog from Yours Truly.
Kia focuses the spotlight on the continuing [...]
Archive for the ‘Consumer Law’ Category
Arbitration Unfairness
Posted in Consumer, Consumer Law, Courts, tagged Arbitration, Kia Franklin, The Nation on February 14, 2009 | Leave a Comment »
Lawyer Wins 10-Year Fight for Disability Benefits, and Gets Attorney’s Fees
Posted in Consumer Law, Courts, Insurance Law, tagged Disability Insurance, First Unum, Judge Griesa, Second Circuit Court of Appeals, Weil Gotshal, Zbigniew Slupinski on January 28, 2009 | Leave a Comment »
We plaintiff lawyers see it all the time. Disability insurers commonly send injured people to their stable of doctors who say the person is able to work, often in contrast to the opinion of treating physicians, and then the insurance company denies the claim on that basis.
In a way, it’s kind of like the equivalent of [...]
Is Help on the Way For Consumers?
Posted in Consumer, Consumer Law, Politics, tagged Class Action, Jury, National Bank Act, Payday Lending, Waiver on January 22, 2009 | Leave a Comment »
Now that Obama has become our 44th president, a feeling of excitement has infused the nation. He is young, level-headed, dazzlingly articulate and intelligent, and seems to carry so much promise. But as the excitement begins to wane as his honeymoon gets underway and reality sets in, we should keep an eye out for whether [...]
Business Quietly Applauds Sunstein Appointment
Posted in Consumer, Consumer Law, Government, Politics, Products Liability, Tort, Trial lawyer, Workplace, tagged Cass Sunstein, Office of Information and Regulatory Affairs, Rena Steinzor, University of Chicago on January 14, 2009 | Leave a Comment »
Cass Sunstein has been appointed to run the OMB Office of Information and Regulatory Affairs, which reviews major federal rules. While business has quietly applauded this move, liberals are worrying that Sunstein will not sufficiently support the rescinding of pro-business regulations enacted by the Bush administration or champion new ones pertaining to health and safety.
Sunstein, a prolific author and public intellectual, was [...]
Senator Sanders Decries Delay in Protections for Credit Card Holders
Posted in Consumer Law, tagged Credit Card Abuses, Senator Bernie Sanders on January 11, 2009 | Leave a Comment »
Senator Bernie Sanders (I-Vt.) has for years been a champion for workers and consumers in Congress. You can check out his website which contains interesting updates and information.
Recently, he called it absurd that federal regulators put off until July 2010 new regulations that would protect consumers against credit card industry abuses. Read the article on [...]
Billion-Dollar Verdicts on the Decline
Posted in Consumer Law, Courts, Insurance Law, Media, Miscellaneous, Politics, Tort, Trial lawyer, tagged Bloomberg.com, Deborah Kuchler, Punitive Damages, Trial Lawyers, U.S. Supreme Court on January 11, 2009 | Leave a Comment »
Bloomberg. com reports that billion dollar verdicts are vanishing from U.S. courtrooms. In 2008 no such verdict was rendered by a jury, and there was only one in 2007. But in the previous 14 years, there were a total of 26 billion-dollar verdicts.
One reason for this is that the Supreme Court and lower appeals courts have limited [...]
Simon Property Settles Conn. AG Lawsuit for Gift Card Inactivity Fees
Posted in Class Action, Consumer Law, Miscellaneous, tagged Connecticut Attorney General, Crystal Mall, Richard Blumenthal, Simon Property Group, Trief & Olk on January 6, 2009 | Leave a Comment »
Simon Property Group, the owner of the Crystal Mall in Waterford, Connecticut, recently agreed to pay nearly $309k to settle a lawsuit brought by the Connecticut Attorney General alleging that inactivity fees that applied to its gift cards violated state consumer law.
Most of the money that will be paid out by Simon will be in [...]
New Laws Enacted for 2009
Posted in Consumer, Consumer Law, Courts, Employment Discrimination, Government, Health Care, Insurance Law, Labor and Employment, Politics, tagged ADA, Americans with Disability Act, Family and Medical Leave Act, FMLA, Genetic Nondiscrimination Act, New Laws, New York State WARN Act, No-Prejudice Rule on January 5, 2009 | Leave a Comment »
Long Island Business News recently published an article concerning new laws that are going into effect this year that will affect business and consumers. Here they are in capsule summary form, but you can also check out the article for more detail:
Repeal of the no-prejudice rule that allowed insurers to deny coverage if the insured failed [...]
Mr. Postman, Bring me a Nightmare
Posted in Consumer, Consumer Law, Insurance, Insurance Law, tagged Lapse Policy, Life Insurance, New York County Supreme Court on January 5, 2009 | Leave a Comment »
Perhaps no other public agency is the butt of as many jokes as the post office. But the mailing, and alleged late receipt of, a premium payment was no laughing matter for the petitioners in a Long Island based life insurance dispute. (See Fidelity Nat’l Title Ins. Co. v. Regent Abstract Serivces Ltd., N.Y. Cty. 110144/08, [...]
Faces of Lawsuit Abuse: A Response
Posted in Consumer Law, Insurance, Media, Miscellaneous, Politics, Tort, Trial lawyer, tagged Chamber of Commerce, Faces of Lawsuit Abuse, Trial lawyer on December 22, 2008 | 2 Comments »
A few days ago, I posted a video that was recently released by the Chamber of Commerce entitled “Faces of Lawsuit Abuse” showing images of those who have supposedly suffered severe hardship as a result of so-called frivolous lawsuits.
The implication was of bankrupted individuals and ruined small businesses because of greedy trial lawyers. Of course, it was all [...]