LawyersUSA

Arbitration of consumer debt collection comes under fire

The use of arbitration in collecting consumer debt is under attack.

The number of debt collection cases has skyrocketed, and consumer lawyers are being inundated with calls from debtors who learn that an award was issued in arbitration, often without their knowledge.

A patent mess?

Patent cases typically involve high stakes and even larger dollar amounts.

But a recent petition for certiorari filed in the U.S. Supreme Court could be the most high-profile patent law case in years. At issue: the validity of the appointment of 46 (out of 74) patent judges and any decisions they rendered in the last eight years.

Nuisance claim against gun dealers dismissed

The City of New York can’t pursue claims against gun manufacturers and suppliers based on a state criminal nuisance statute, the 2nd Circuit has ruled. 

Internet availability alone doesn’t infringe copyright

A copyright is not infringed by merely making a recording available online, a U.S. District Court in Arizona has ruled in denying the recording companies’ motion for summary judgment.

The defendant testified he had purchased compact discs and had loaded them onto his computer for personal use, but that the file-sharing program had permitted public access to the files without his authorization.

Credit card companies can be sued for antitrust violations

Credit card companies that agreed with each other to impose mandatory arbitration on their customers can be sued for violating antitrust law, the 2nd Circuit has ruled in reversing a dismissal.

Pay now, die later

Estate planners need to be aware of the risky nature of prepaid funeral plans given the marked increase in suits over misuse of this money by funeral homes.

The new owner of a Memphis mortuary recently announced he would not honor 13,500 prepaid funerals held by the company.