Almost a year ago, Sonya Capri Ramos was in the news because she’d lost her home over a $68 dental bill. Last week, the Utah Court of Appeals gave her some hope that she might be able to get it back from the title company that bought it at auction for $1,550. [More]
legal
BoingBoing Beats MagicJack Lawsuit, Wins $50,000
By 2.23.10
MagicJack sued BoingBoing for defamation after they had the gall to criticize the gadget maker’s EULA, and the blog has won, to the tune of $50,000. [More]
Los Angeles City Council Votes To Close 80% Of Marijuana Dispensaries
By 1.26.10
Frustrated at the number of marijuana dispensaries that have sprouted up since voters allowed its legal medical use in 1996, the L.A. City Council today voted to shut down the majority of them and relocate the rest to the industrial zones. Mayor Villaraigosa will have to sign the ordinance before it goes into effect. [More]
Monster Energy Trains Legal Guns On Beverage Review Website
By 10.16.09
When you’re working on developing a reputation as a trademark bully, it’s good to go after multiple targets. We guess that’s why the website BevReview.com has received notice that it should remove any advertisement and sale of Monster Energy drinks from its site. The only problem is, it doesn’t advertise or sell drinks—it reviews them. And it didn’t give Monster Energy a good review.
Lawyer Pleads Case Of Why You Should Avoid Will Kits
By 10.2.09
Florida lawyer Lesly Carmen Longa objects to will kits, free or otherwise.
Judge Slaps Ameriquest Hard For Selling Mortgage, Then Pretending To Still Own It
By 6.1.09
Ameriquest originated a mortage, securitized it, and sold it. Then pretended it still owned the mortgage to a U.S. Bankruptcy Court judge. Whoops.
Landlord Asks Mother To Pay "Early Termination Fee" After Son Fails To Honor Lease By Dying
By 4.26.09
Debbie Eckert cleaned out her son’s apartment after he died in a February fight, but the landlord, CCRT Properties of Brookfield Wisconsin, thinks she should pay several months rent and an early termination fee. The Wisconsin Department of Consumer Protection says that CCRT can pursue the 24-year-old teacher’s estate, but that they have no right to heartlessly badger his mother.
Going To The Doc? Be Sure You Don't Sign A Gag Order
By 3.4.09
Man, those online review websites sure can be harsh. Some doctors think they’re totally unfair! That’s why a neurosurgeon in North Carolina has started a business called Medical Justice. The Associated Press says the company provides waiver forms for docs to give to patients. If you sign it, and then post a review online that can be traced back to you, the doctor can use your signed form as proof that it must be removed.
How To Not Get Sued For What You Said On Yelp
By 1.23.09
Recently, angry chiropractors and dentists have sued Yelp reviewers for defamation, loosely defined as “publicly telling mean lies that hurt more than feelings.” Apparently, no one takes the internet seriously, until all of a sudden someone does. Here’s what anyone who leaves comments online should know about defamation.
Claim Your Share ($78) Of The Bank Of America Overdraft Settlement
By 1.22.09
Bank of America has settled a class action lawsuit over its dirty overdraft tricks—things like approving transactions that generate overdraft fees, for example, or clearing transactions in high-to-low order to increase the number of overdrafts. If you’re a former customer of BoA, Fleet, LaSalle Bank or United Trust Company, you can claim your part of the settlement fund.
Giant List Of Online Legal Resources Will Keep You Half-Educated, Annoy Your Lawyer
By 1.5.09
Thanks to the Internet, with a single Google search and some creative guesswork you can diagnose pretty much any disease you want. Yes, this has made the world of medicine entirely unnecessary, but what about the legal profession? Surely the web can replace that too!
Discover Won't Let Man Opt Out Of Arbitration, Even Though Their Terms Allow It
By 9.3.08
When John signed up for a Discover card a few months ago, he noticed an interesting item in the fine print—he could opt out of binding arbitration if he sent in a written request that contained a few lines of necessary info and his signature. John followed the instructions, but Discover rejected it. Since then they’ve rejected his request a second time, failed to call him back when promised, and transferred him to CSRs who don’t know what the word means. The latest news: now that 30 days have passed, he’s no longer eligible to opt out. John’s thinking about canceling the card.
The MPAA Says They Shouldn't Need Proof To Sue You
By 6.23.08
A legal brief submitted by an attorney representing The Motion Picture Association of America states that intellectual-property holders should have the right to collect up to $150,000 per violation without having to actually prove copyright infringement, Wired reports. The MPAA attorney, who seems to feel very inconvenienced by the whole “due process” thing writes, “It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement.” Details, inside…
Pre-Emption Doctrine Would Make FDA Responsible For All Drug Problems, Shield Big Pharma From Lawsuits
By 4.8.08
Johnson & Johnson is waiting to hear whether or not a judge in Ohio will allow any lawsuits over its Ortho birth control patch to move forward, and the New York Times says lawyers on both sides think there’s a good chance he may find in the company’s favor based on the doctrine of pre-emption. The argument goes that it’s the FDA’s responsibility to monitor the safety and labeling of drugs that go to market, and therefore if something goes wrong, it’s the agency’s fault and not the pharmaceutical company’s.
Judge Wants To Know Why 31 Law Firms Are Seeking A Cut Of The "Credit Card Hidden Transaction Fee" Settlement
By 4.2.08
Last year’s class-action settlement against Mastercard, Visa, and several banks over the fees they charged customers who traveled abroad came up to about $336 million, and of that, 31 law firms are claiming a total of about $86 million for fees. The federal judge responsible for determining how much they get paid wants to know why.
Update Your Will After Major Life Events
By 3.11.08
When a new baby arrives, there’s not much time to do anything extra, but if you have a will you should review it and update it as necessary. The Associated Press is reporting that “Heath Ledger’s will leaves nothing to his former girlfriend and their 2-year-old daughter because it was never updated after they became part of his life.”
Plastic Surgery Company Sues Consumer Site For Negative Customer Reviews
By 3.4.08
Lifestyle Lift claims it’s a “minor one-hour procedure with major results,” but a lot of customers who have paid for the procedure have been left unhappy, and they’ve consequently posted reviews about it on a plastic surgery review blog called RealSelf. Lifestyle Lift has sued RealSelf, claiming trademark infringement, and now RealSelf has countersued, claiming Lifestyle Lift padded RealSelf’s site with shill reviews.
Answers To NYC Renters' Questions
By 1.30.08
How do you get your landlord to require the upstairs neighbors to put down carpets? A lawyer who “has practiced in the landlord-tenant arena for more than two decades” has been answering these sorts of questions on the New York Times’ “City Room” blog. The advice he gives, while helpful and specific, is mostly based on what we imagine are NYC-specific problems and cites New York statutes, but it still might be helpful for renters elsewhere with similar problems.
