A federal court policy-making body is belatedly entering the internet
age by proposing that judges clearly inform jurors they must not
electronically discuss cases they are hearing. It's standard procedure
to inform jurors to remain mum and not conduct any research about the
case until a verdict. But recent gadget use by jurors has forced the
hand of the Judicial Conference of the United States, the
policy-making body of the federal courts. The model jury instructions
(.pdf) the Judicial Conference released Posted on Tuesday, February 9, 2010 at 2:01 am

Swedish investigators are probing a hacker U.S. authorities accuse of
unlawfully intruding into Cisco Systems, NASA's Ames Research Center
and NASA's Advanced Supercomputing Division, the authorities said
Monday. Philip Gabriel Pettersson, known in the hacking world as
"Stakkato," allegedly seized computer code that controls internet
traffic. After the 2004 breach of Cisco, the proprietary source code
for Cisco's IOS operating system was discovered on a Russian website.
Pettersson was indicted in the United Posted on Tuesday, February 9, 2010 at 2:01 am

Google is teaming up with the National Security Agency to investigate
the recent hack attack against its network in a bid to prevent another
assault, according to The Washington Post. The internet search giant
is working on an agreement with the controversial agency to determine
the attacker's methods and what Google can do to shore up its network.
Sources assured the Post that the deal does not mean the NSA will have
access to users' searches or e-mail communications and accounts. Nor
will Google share Posted on Saturday, February 6, 2010 at 4:16 pm

This part of the semester is always tough for me, so I can't give you
a full-scale review of Roberta Kwall's new The Soul of Creativity
(Google books) (Amazon), though I hope to do so eventually. Kwall sets
out an account of creativity as spiritual and author's rights as
fundamentally moral, recognizing the intertwining of their
personalities with their works. It's a very well-done argument though
on a lot of issues we are in sharp disagreement. A policy-oriented
chapter on creating a moral rights law for Posted on Saturday, February 6, 2010 at 7:12 am

A First Look at the 2009 Decisions of the United States Court of
Appeals for the Federal Circuit Feb 4, 2010 6:30PM - 8:00PM ET
Washington College of Law, American University 4801 Massachusetts Ave,
NW - Room 603 To commemorate the 25th Anniversary of its Federal
Circuit issue, the American University Law Review will host a panel of
practitioners who will discuss their impressions of the Federal
Circuit's decisions in 2009. The panelists will offer their insights
on significant cases and jurisprudential Posted on Wednesday, February 3, 2010 at 7:05 pm

Summit Entertainment, LLC v. Beckett Media, LLC, 2010 WL 147958 (C.D.
Cal.) Summit owns copyrights and trademarks associated with Twilight
and New Moon, the movies. Beckett sold two "fanzines" (labeled
unofficial collectors' guides, and not corresponding to my idea of a
fanzine, but ok) reproducing numerous images from the films, along
with trademarks and promotional images related to the films. In
particular, Summit alleged that the fanzines used Summit's stylized
Twilight trademark on their covers; Posted on Wednesday, February 3, 2010 at 7:05 pm

Two ex- JPMorgan Chase & Co. bankers that the Securities and
Exchange Commission is suing over their alleged involvement in certain
swap transactions are asking the U.S. District Court for the Northern
District of Alabama to throw out most of the securities fraud charges
that the regulator agency has filed against them. According to the
SEC, Douglas MacFaddin and Charles LeCroy paid close friends of county
commissions and broker-dealers over $8 million in undisclosed payments
to make sure that JPMorgan Posted on Monday, February 8, 2010 at 10:00 pm

The Financial Industry Regulatory Authority has had to bring in
hundreds of additional arbitrators to deal with the approximately 400
securities fraud claims that investors have filed against Regions
Financial Corp., the investment banking unit of Morgan Keegan &
Co. Investors are seeking to recover $35 million after three of its
mutual funds dropped in value by up to 82% when the housing market
fell apart. The Region Financial Corp mutual funds contained
subprime-related securities, including Posted on Monday, February 8, 2010 at 10:00 pm

According to the US Securities and Exchange Commission, the Private
Securities Litigation Reform Act's safe harbor as it applies to
certain forward-looking statements isn't triggered by cautionary
remarks made by defendants over the impact of "potential deterioration
in the high-yield sector" if, per the plaintiffs' claim, the
defendants knew the deterioration was taking place. The SEC made its
comments in an amicus curiae brief to the U.S. Court of Appeals for
the Second Circuit. The case is Slayton v. Posted on Saturday, February 6, 2010 at 12:23 pm

The British medical journal "The Lancet" has finally issued a full
retraction of a study it ran in 1998 purporting to link the
measles-mumps-rubella (MMR) vaccines to autism. Wakefield, et al.,
"Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and
pervasive developmental disorder in children," Lancet 1998; 351:
637-641. The journal noted that following the judgment of the U.K.
General Medical Council's "Fitness to Practice Panel" concerning the
lead author, it had become clear to the journal that Posted on Sunday, February 7, 2010 at 6:46 am

The court in the welding fume MDL litigation has dismissed the claims
of the plaintiff who had been chosen for the seventh bellwether trial
in this national consolidated welding fume products liability
litigation. In re: Welding Fume Products Liability Litigation [Ernest
Ray, No. 04-18252], MDL 1535, No. 03-17000, N.D. Ohio. Plaintiff Ray
had moved to dismiss his claim, with prejudice, last November.
Thousands of claims have been dismissed in this litigation, so why
post about this one? A reminder to Posted on Thursday, February 4, 2010 at 7:20 pm

The Seventh Circuit recently issued a decision clarifying an issue
under the Class Action Fairness Act: when the federal court denies
class certification in a case in federal court because of CAFA, does
that divest the court of jurisdiction? The court of appeals reversed
an Illinois district court ruling that a failed class action lost
jurisdiction, ruling that the lower court misinterpreted CAFA.
Cunningham Charter Corp., et al. v. LearJet Inc., No 09-8042 (7th
Cir., Jan. 22, 2010). Cunningham sued Learjet Posted on Monday, February 1, 2010 at 10:45 pm

A recent report and recommendation from a US Magistrate Judge raises
the question: Does a group of patients who were exposed to pathogens
but never developed a disease have a cause of action? In Descoteau v.
Analogic Corp., 2010 WL 325933 (D. Me. Jan. 21, 2010), Magistrate
Judge John Rich III suggests that they do, although he clearly seems
to stretch Maine law in order to find a cause of action for a bad
factual situation. If this report and recommendation is affirmed by
the District Court, it will not be Posted on Sunday, February 7, 2010 at 4:21 pm

One of my news clipping services brought me this fascinating tidbit
from The West Virginia Record: after 3 days of trying to empanel a
jury in a massive liability trial over cigarettes, the court simply
gave up. It had gone through 650 prospective jurors and only qualified
6 for potential service. According to the article, "Lawyers excused a
woman who said people have no right to sue over diseases that are
disclosed on the warning label of a package." Funny, I would have
liked her on my jury. The court will Posted on Sunday, February 7, 2010 at 4:21 pm

New Yorkers always warn: "Don't buy a dog at a pet store! They all
come from puppy mills, are sick, and were raised in deplorable
conditions." But I bought my dog at a mall pet store. I wasn't
shopping for a dog nearly two years ago when Ted came into my life.
But decisions have consequences, and the decision to kill time at a
pet store while waiting for friends to arrive for dinner at a nearby
restaurant resulted in me sharing my apartment with Mr. Ted E. Bear. I
didn't know much about where he came from. Posted on Sunday, February 7, 2010 at 4:21 pm

The China Written Works Copyright Society (CWWCS) will send a letter
to Google China to discuss over the latter's compensations to Chinese
writers relating to copyright. Previously, Google Inc. (Nasdaq: GOOG |
Quote | Chart | News | PowerRating) reached an agreement in the US,
which aimed to come up with a regulation for the emerging e-book
industry. However, the agreement irritated writers and publishers in
Europe, which forbade Google to print European books published within
150 years. Some believe that Posted on Sunday, November 1, 2009 at 9:35 pm

The Copyright Alliance and its grassroots network of creators today
announced circulation among creators nationwide of a letter to
President Obama and Vice President Biden, asking the Administration to
pursue policies supportive of the rights of artists. "Artists and
creators make important contributions not only to our society and
culture, but also to our economy," said Lucinda Dugger, the Alliance's
Director of Outreach. "Increasingly, creators are finding their work
misappropriated, reproduced and Posted on Monday, October 12, 2009 at 5:08 am

Plagiarism is a wide-spread problem in academia, and its personal and
societal consequences are equally diverse. Although the penalties for
plagiarism vary among different academic institutions, it is not
acceptable in any college or university. Consequences may range from a
simple warning to being expelled from the school. Personal
Consequences of plagiarism On a personal level, being caught
plagiarizing can be quite embarrassing. People usually view those who
plagiarize as being a fraud or phony, a Posted on Monday, October 12, 2009 at 5:07 am

"I didn't realize how much stress I was under until I filed with you.
I guess I had just gotten used to the feeling. My resolution is to
think of need versus want and to save money each month for the
unexpected." That is what a client recently told me after receiving a
discharge in a Chapter 7 bankruptcy. Dave Ramsey describes bankruptcy
as a "gut-wrenching, life-changing event that causes lifelong damage."
He also goes on to claim that bankruptcy "can devastate your job,
destroy your marriage and steal Posted on Wednesday, January 6, 2010 at 1:36 pm

I recently wrote a 2-part series on strategies for California business
owners to stay in business while filing for Chapter 7. However, saving
a business isn't always possible. Here are some of the signs that I
look for when telling a client that it may be time to close their
business. The professionals say you should close. Many business owners
have an emotional attachment to their business and do not wish to be
an employee of someone else again or perhaps they are afraid to admit
that their business is Posted on Wednesday, January 6, 2010 at 1:36 pm

In August 2009, the Better Business Bureau issued a nationwide alert
warning consumers about phony debt collectors threatening to arrest
them for not repaying a payday loan. I decided to investigate a little
further after the daughter of a bankruptcy client called after
receiving one of these phone calls. The phony debt collector called my
client's daughter from the following phone number: (323) 332-1091. The
person answering the phone sounded like he was from an overseas call
center and claimed to be an Posted on Sunday, December 13, 2009 at 1:00 pm

Because so many income tax filers are afraid to owe the IRS, they have
more taxes deducted from their paychecks throughout the year than is
required. They would rather pay a little extra in taxes each pay
period than to find themselves in a jam on April 15. As soon as the W2
statements and other tax documents arrive, they quickly file their tax
return and patiently await the big refund. Statistics show that a
whopping 75% of all tax payers receive a refund and that the average
amount is $ 2,300. I've had Posted on Sunday, February 7, 2010 at 3:41 am

It is very important for an individual to see their own credit report
as they make financial decisions. Bankruptcy lawyers look over their
clients credit report for information as to who is owed, type of debt,
responsible party, payment history, etc. Television, radio and the
Internet are constantly sending people to Freecreditreport.com and
this appears to be a free website. Most people who go there soon learn
that the only way to get a free credit report there is to purchase and
or subscribe to many of Posted on Saturday, February 6, 2010 at 5:23 pm

In parts one and two, I discussed how (1) the definition of student
loans is extremely broad, and (2) the history of how student loans
have been come increasingly difficult to discharge. In this post, I'll
address the predominant legal standard used by almost all bankruptcy
courts to determine whether a debtor's circumstances create an "undue
hardship." The Brunner Test In Brunner v. New York Higher Educ.
Services, 831 F.2d 395 (2d Cir. 1987), the Second Circuit Court of
Appeals held that undue hardship Posted on Saturday, February 6, 2010 at 5:23 pm

In our entry CAN-SPAM Complaint Mills - Time For A New Business Model?
pointing to our advisory on the Ninth Circuit's decision in Gordon v.
Virtumondo, Inc., we noted the court's holding that private suits to
enforce the CAN-SPAM Act are limited to bona fide Internet access
service providers who genuinely suffer "adverse affects" attributable
to email that violates the law, its recognition of non-misleading
commercial email as a legitimate marketing tool, and its concerns
about a CAN-SPAM "cottage Posted on Wednesday, December 16, 2009 at 9:00 am

By Robert J. Driscoll We recently blogged (here) about a new Maine law
that would restrict the collection and use of personal information
from minors for marketing purposes. Shortly thereafter, a coalition of
educational and industry groups filed a lawsuit in the U.S. District
Court in Maine, challenging the law on the basis that it violates the
First Amendment and the Commerce Clause of the Constitution. On
September 9, 2009, the court entered a stipulated order of dismissal.
While determining that the Posted on Thursday, September 10, 2009 at 8:56 am

By Robert J. Driscoll The state of Maine recently passed a new law
restricting the collection and use of health-related information and
personal information of minors. We have published an advisory
containing some of the details. The new law, which takes effect in
September, is substantially more limiting than COPPA and will
significantly impact the ability of marketers to communicate with
Maine residents under age 18. Read more at www.dwt.com/LearningCenter,
or click here. Posted on Friday, August 14, 2009 at 12:31 pm

Toyota has admitted to braking problems in the Prius after receiving
nearly 180 complaints in the US and Japan. This latest admission comes
on the heels of a 4.5 million car recall in which the automaker warned
consumers that gas pedals may stick on various models. The Atlanta
Journal Constitution has the story. The design defect within the
Prius' braking system causes the brakes to become unresponsive for a
brief period of time. The company noted that when the vehicle moves
over an uneven or wet surface Posted on Sunday, February 7, 2010 at 9:01 am

A Bibb County jury has determined that a nurse negligently
administered pain medication which resulted in the death of a Warner
Robins patient. The jury returned a $1 million verdict in favor of the
patient's family after deliberating for four hours. The Macon
Telegraph has the story. The patient, Mearlene Hall, had a surgically
implanted pump designed to administer pain medication. The pump had
been implanted after she suffered serious back injuries. In May of
2006, a nurse from Option Care of Middle Posted on Sunday, February 7, 2010 at 9:01 am

On Monday, Toyota announced that it had engineered a solution to
nearly 4.2 million recalled vehicles that were designed with gas
pedals that could potentially stick. While the solution restored some
consumer confidence, it comes too late for the drivers that were
involved in accidents due to the sticking pedals. The Atlanta Journal
Constitution has the story. The problem involved excessive friction
between two accelerator mechanisms. When the friction reached a
certain level, the gas pedal became stuck Posted on Thursday, February 4, 2010 at 9:58 pm

If you need a loan modification, you will have to prove that you
qualify for one. There is an excellent article in today's USA Today
that talks about the requirements that many lenders are asking of
borrowers in connection with a loan modification. When we get involved
in loan modifications for our clients, we ask for many of these
documents in advance. Looking at this information and talking with our
clients, we like to see if the reason that the the client cannot pay
their mortgage loan is a temporary or Posted on Sunday, January 31, 2010 at 9:55 am

The United States Supreme Court has taken up the issue of whether the
Bona Fide Error ("BFE") defense under the Fair Debt Collection
Practices Act ("FDCPA") applies to mistakes of law committed by debt
collectors. In Jerman v Carlisle, et al, the defendant law firm
transmitted a collection letter to Ms. Jerman that may not have
complied with the FDCPA. It was a minor error in their demand letter
that caused this brouhaha. The defendant law firm's demand letter
informed Ms. Jerman (and others as they had Posted on Friday, January 22, 2010 at 3:53 am

An article recently appeared in the Detroit Free Press about a couple
who trade in their recreational vehicle with what they thought was a
sound dealer. Indeed, Walt Michal's RV has been around for a long
time, dealing in RVs. When the happy couple trade in their old RV that
had a lien on it from the prior lender, for a new RV, they counted on
the Walt Michals to pay off the loan balance of about $180,000. That
did not happen. Walt Michals went out of business without paying off
the lien on the old RV and Posted on Tuesday, December 22, 2009 at 9:09 pm

Posted on Thursday, August 6, 2009 at 4:43 pm

Posted on Sunday, June 28, 2009 at 2:56 pm

Posted on Wednesday, June 17, 2009 at 8:55 pm

Attorneys giving political donations to drive business with government
officials the new qui pro quo? We often look to government officials
to resolve problems that plague our society - from developing Swine
Flu vaccinations to providing legal council in the Bernie Madoff case.
But who helps state officials when they are tasked with a growing list
of responsibilities and fewer resources to tackle them than ever
before? Budget cuts overshadow a sea of necessary government projects.
To ignore many of these Posted on Sunday, February 7, 2010 at 10:11 pm

The demand for adult-care homes is on the rise as several Americans
entering their golden years are in need of living assistance. The
Department of Social and Health Services (DSHS) pushed for private
adult-care homes but unfortunately, too many seniors have faced
neglect and abuse from their caregivers at these facilities. Hagens
Berman's Tony Shapiro speaks with Seattle Times about the real cost of
senior care in an investigative series called "Seniors for Sale." The
story examines "private residences - Posted on Tuesday, February 2, 2010 at 2:45 pm

Incorporating physical characteristics of NCAA players helps make
video gaming more realistic, but at what cost? Rob Carey, Hagens
Berman attorney, spoke with ESPN recently about a class-action lawsuit
we filed against NCAA and Electronic Arts, Inc. (EA). NCAA bylaws
clearly state that the commercial licensing of an NCAA athlete's
"name, picture or likeness" is prohibited and rightfully so. These
athletes already face overwhelming pressure to perform on and off the
field. In the segment, Carey argued that Posted on Wednesday, December 30, 2009 at 10:54 am

eBay Motors states over 3 million vehicles have been sold through its
site. No doubt the vast majority of buyers were satisfied, but
attorneys in this office have talked to buyers who were defrauded by
sellers using eBay. For example, one buyer found that the classic car
he bought from an Arizona car dealer was rusted out. About the time
the lawsuit was filed, the dealer went out of business. eBay itself
and Paypal offer little or no protection for car buyers. In an effort
to help protect buyers, eBay has Posted on Sunday, December 6, 2009 at 4:00 pm

Gov Schwarzenegger signed two car buyer protection bills. Given the
fact his own administration had publicly opposed them both, this is a
stunning reversal. Senate Bill 95(Corbett) will require auto dealers
to pay off liens on cars that were traded in with negative equity,
before they can sell or transfer them -- which usually happens within
a day or two -- or within 21 days (if they keep them that long). The
auto dealers and their trade associations were hugely opposed to this
bill -- especially the Posted on Monday, October 12, 2009 at 3:29 pm

Many consumers have been burned by used car dealers who failed to pay
off the loans on cars customers traded in. Car dealers then sold the
cars without disclosing to the buyers that there were liens on the
cars. The finance company's lien did not disappear with the sale. In
many cases, the finance company repossessed the cars from the new
buyers. A bill now on the Gov. Schwarzenegger's desk would make it
illegal for car dealers to sell a vehicle without having paid what is
due on the loan or lease. SB95, Posted on Wednesday, September 23, 2009 at 9:56 am

If you have taken YAZ®, YASMIN® or OCELLA® and suffered from: -
HEART ATTACK - STROKE - DEEP VEIN THROMBOSIS (DVT) - PULMONARY
EMBOLISM - GALLBLADDER DISEASE Contact us immediately! YAZ®, YASMIN®
and OCELLA® have been linked to these serious side effects. If you or
a loved one has suffered from any of these life-threatening injuries,
you may be entitled to compensation! Call 213.596.6530 or use our
Contact Us page. Posted on Friday, February 5, 2010 at 5:51 pm

Have you been allowed to continue charging to your bank debit card,
even though insufficient funds were available in your account? After
being able to make a charge with insufficient funds, have you found
your bank has charged an overdraft fee upwards of $35? Overdraft
charges can easily add up to hundreds of dollars without you knowing
it! If you have been INVOLUNTARILY enrolled in overdraft protection
services, you may be eligible to seek compensation! You may also be
eligible to seek compensation if you Posted on Wednesday, February 3, 2010 at 2:26 am

Though passing the bar was one of the happiest moments of my life, it
was also a frightening realization that I was a lawyer. I was a
lawyer. Now I had to know everything. I had to be able to file a case,
try it, win it or take it to the Supreme Court….okay so I exaggerate
a little, but at the moment the pressure felt that big. I felt like a
rookie at the free throw line with the game on the line and trade
talks around the corner. Despite the fact that I worked for my firm as
a law clerk for a year and a Posted on Wednesday, February 3, 2010 at 2:26 am

At the North American International Auto Show several weeks ago,
Toyota ironically displayed a lemon/lime colored sub-compact concept
hybrid vehicle. I hope that the color of this vehicle is not a
foreshadow that the model will become a new strand of lemon cars.
Photo by Daniel Acker / Bloomberg The vehicle is said to be a smaller
version of Toyota's best selling hybrid vehicle, the Prius. It is
measured to be approximately 22 inches shorter than the current Prius.
Toyota executives stated that they plan to Posted on Friday, January 29, 2010 at 1:22 pm

With the substantial increase in fuel costs, the momentum of demand
for hybrid and electric cars will also exponentially increase.
Inevitably, my Texas Lemon Law Office have received at least one call
from a potential client per month regarding a problematic or broken
lemon hybrid vehicle. While surfing the internet for technical service
bulletins (TSBs) this morning, I stumbled upon a website that contains
a list of car problems that owners of the Toyota Prius recently
experienced. The problems range Posted on Friday, January 29, 2010 at 1:22 pm

Previous AT&T chief executive officer (CEO) Ed Whitacre is
officially General Motor's (GM's) current and hopefully permanent CEO.
Whitacre served as GM's pro tem CEO -- after GM's board of directors
fired Fritz Henderson about 2 months ago on December 1, 2009. Mr.
Whitacre comes from a heavy manufacturing experience. He is known by
his former colleagues to lead with a "heavy hand." I hope this
announcement will equate to the production of less faulty and
defective lemon General Motor vehicles. Whitacre Posted on Tuesday, January 26, 2010 at 10:02 am

The Obama administration's most comprehensive attempt to resolve the
foreclosure crisis is the Home Affordable Modification Program, or
HAMP, which is available for mortgages owned by Fannie Mae and Freddie
Mac, and for certain lenders who have volunteered to participate in
the program. Â (Check out your lender on the web portal
www.makinghomeaffordable.gov.) Â The program aims to reduce mortgage
payments to an amount no more than 31% of the homeowner's gross
income. Â (It seems that the government and Posted on Wednesday, July 29, 2009 at 11:55 am

The Protecting Tenants At Foreclosure Act of 2009 went into effect on
May 20, 2009, offering some protection, and at least a little time,
for those renters who find themselves drawn into foreclosure despite
paying their rent. Â In short, the act allows such tenants to stay in
their rental homes for 90 days following foreclosure, at the very
least, and allows some tenants to stay until the end of the lease
term. Of course, the act won't protect you if you've not rented at
arms length: One important point: Posted on Friday, June 12, 2009 at 7:16 am

Here's a good starting place for the Making Home Affordable programs,
the so-called HAMP and HARP mortgage modifications or refinancing,
respectivly. Â Go to the Making Home Affordable web site, and look up
your lender to see whether they've signed on to participate, or look
up your loan to see if it's a Fannie Mae or Freddie Mac loan. Â You
can also view eligibility requirements and general information about
the programs. Posted on Thursday, May 14, 2009 at 1:35 pm

Information has now come to light that there was an acceleration
problem causing crashes in the Toyota made Lexus. Although the
incidents were high enough to cause concern, there was no recall or
publicity. Toyota never found a conclusive reason for the crashes. Yet
here we are in 2010 with a massive recall of other Toyota vehicles
with the same problem. Toyota first blamed floor mats and now a sticky
gas peddle rod. My guess is that the true problem has yet to be
discovered. Posted on Sunday, February 7, 2010 at 2:11 pm

As if Toyota didn't have enough safety quality issues, now there is
evidence of a serious safety problem on their hybrid Prius. The brakes
fail causing injury and death. Posted on Friday, February 5, 2010 at 3:28 am

Toyota is recalling 2,000,000 of its cars because of a defect in its
accelerator. Tragic injuries and even death have resulted from a
sudden acceleration of Toyota vehicles. At first Toyota announced that
the mat could hold the gas peddle down but now it appears the the
problem is in the system itself. These problems have had a ripple
effect as to some American cars such as the Pontiac Vibe.
http://www.bailey-law.com/lawyer-attorney-1215486.html A law suit in
Virgina alleges that there are considerably more Posted on Saturday, January 30, 2010 at 2:53 am

Business Law: Business Partnership Agreement Breaches
http://bit.ly/bGvomP DRE says: Foreclosure Scams Trigger Record
License Revocations in California http://ow.ly/12SFw
http://ow.ly/12SFO http://ow.ly/12SGd Posted on Tuesday, February 9, 2010 at 8:53 am

Business Law: Laid off? Former Employees, Start Your Own Businesses
http://bit.ly/d9rHBw Posted on Tuesday, February 9, 2010 at 8:53 am

DRE says: Foreclosure Scams Trigger Record License Revocations in
California http://ow.ly/12SFw http://ow.ly/12SFO http://ow.ly/12SGd Posted on Thursday, February 4, 2010 at 9:00 am

According to the Securities and Exchange Commission (SEC), a
father-son investment team has been charged with securities fraud for
their role in an extensive hedge fund fraud. It is alleged by the SEC
that these men, Neil V. Moody and his son, Christopher Moody, both
investment advisers in Sarasota, Florida, mislead investors concerning
the financial condition of the three hedge funds they managed. The
three hedge funds were, Valhalla Investment Partners L.P., Viking IRA
Fund LLC and Viking Fund LLC. Posted on Saturday, January 30, 2010 at 6:12 pm

Our firm receives many calls with questions about discrimination
claims. However, unfortunately, some individuals miss the time limits
for filing a charge of discrimination with the Equal Employment
Opportunity Commission, EEOC. Prior to filing a job discrimination
lawsuit against your employer, relating to the laws enforced by the
EEOC, you are required to file a Charge of Discrimination with the
EEOC. It is important to know that you only have a limited amount of
time to file this Charge of Posted on Thursday, January 21, 2010 at 4:03 pm

According to the New York Times, U.S. Attorney General Eric Holder has
announced that a new inter-agency task force has been created to
address and "(halt) fraud involving mortgages, securities, economic
stimulus programs and government bailouts." In a speech to a civic
group in West Palm Beach, Florida, Attorney General Holder had a
message for those who commit fraud of this kind. He promised
fraudsters that "if (they) fabricate a financial statement, if (they)
propagate an investment scheme, if (they) are Posted on Saturday, January 9, 2010 at 3:49 pm

Polluted water is a lot like pornography. Justice Potter Stewart was
not a pornographer but an ordinary human being (okay, being a US
Justice may be a little bit more than ordinary) on the front lines of
free speech, and he knews where to draw the line. And we've all heard
his opinion on hard-core pornography. "I shall not today attempt
further to define the kinds of material I understand to be embraced
within that shorthand description; and perhaps I could never succeed
in intelligibly doing so. But I know Posted on Thursday, December 24, 2009 at 3:15 pm

Remember when the million man march, a vast grassroots movement,
conveyed to the world a different picture of the African American man?
Move over men, it's baby time. There's another march on the way, only
it's not for a million men. It's not a march either--it's the Million
Baby Crawl. Seventh Generation has invited me to be a spokeswoman for
the Million Baby Crawl, a movement to focus public attention on toxins
in household products. Currently the government only tests 200 of the
more than 80,000 Posted on Sunday, December 6, 2009 at 2:00 pm

If we had a crystal ball and could see a 60 foot wall of water coming
right at us, or an F-5 tornado ready to rip our house off its
foundation, would we do something to stop it? Of course we
would-unless it is an environmental disaster of our own making. Those
we tend to ignore. Environmental disasters need no gypsy
fortune-tellers or wizards to reveal ominous portent. All it takes is
a little common sense, and people who pay attention. We all need to
pay attention because that 60 foot wall of water is on Posted on Tuesday, November 3, 2009 at 6:15 pm

The Federal Reserve has issued its final rules amending Regulation Z,
which implements the Truth in Lending Act, pursuant to the Credit CARD
Act of 2009. Previous legislative efforts to expedite the effective
date of the CARD Act resulted in no changes. Among other things, the
final rule, effective February 22, 2010, will: • limit the
application of increased rates to existing credit card balances; •
require credit card issuers to consider a consumer's ability to make
the required payments; • establish Posted on Thursday, January 21, 2010 at 1:45 am

A number of significant legislative changes occurred in 2009 related
to consumer finance regulation. The most significant potential
change-the Consumer Financial Protection Agency Act-is still in flux
as it moves through the U.S. Senate. However, the version of the CFPA
passed by the U.S. House contains several provisions of which every
practitioner should be aware. New regulations governing credit card
products and overdraft fees will also significantly impact consumer
finance practice. See a summary of Posted on Thursday, January 21, 2010 at 1:45 am

New regulations promulgated by the U.S. Department of Housing and
Urban Development in November 2008 to revise RESPA disclosures took
effect on January 1, 2010. Among other things, the new RESPA final
rule requires mortgage issuers to use a new HUD-1 settlement statement
and a new Good Faith Estimate. To assist compliance, HUD has issued a
list of answers to frequently asked questions as well as new
instructions for HUD-1 and GFE forms. HUD has also issued a revised
settlement booklet to educate consumers Posted on Wednesday, January 6, 2010 at 7:19 pm

Charter Communications Inc. is notifying 9,000 current and former
employees across the country that their personal information was
stolen, along with the laptop that housed it, last month from a
Charter Media office in South Carolina. The theft occurred from a
Greenville office on July 11 but was discovered July 14. Charter
spokesman Marty Richmond said 12 laptops were stolen but only one
contained sensitive data. That computer had the Social Security
numbers, names and birth dates of the employees. Posted on Monday, August 18, 2008 at 3:47 pm

Social Security numbers, pharmacy records and other personal health
data from about 130,000 people covered by health insurance giant
Wellpoint Inc. were left open for possible breach on the Internet, the
health insurance giant confirmed Tuesday. Wellpoint said it is not
aware of any identity theft related to the problem. Operating locally
under the Unicare name, Wellpoint said customer information in several
states, including Illinois, was exposed in the last year because two
computer servers maintained by Posted on Sunday, April 20, 2008 at 8:39 pm

A laptop containing sensitive and unencrypted personal data on 51,000
current and former employees of Agilent Technologies was stolen from
the car of an Agilent vendor March 1 in San Francisco, the company
said in a letter mailed to former employees this week. The data
includes employee names, Social Security numbers, home addresses and
details of stock options and other stock-related awards. [The Mercury
News] Posted on Monday, March 24, 2008 at 8:51 am

Clients ask us if we practice Illinois Bankruptcy Law. Strictly
speaking, we don't do that. What we do is represent clients in
bankruptcy law in Illinois. What's the difference? Plenty. Under our
Constitution, there is just one bankruptcy law. It's federal. In just
one sentence of the Constitution, our Founding Fathers gave the United
States federal government gave Congress the exclusive right to
regulate both bankruptcy and immigration. That's quite an assignment
for one sentence. Even though we practice Posted on Thursday, January 21, 2010 at 9:40 am

Clients ask us if we practice Wisconsin Bankruptcy Law. Strictly
speaking, we don't do that. What we do is represent clients in
bankruptcy law in Wisconsin. There's a big difference between the two.
Under our Constitution, there is just one bankruptcy law. It's
federal. In just one sentence of the Constitution, our Founding
Fathers gave the United States federal government gave Congress the
exclusive right to regulate both bankruptcy and immigration. That's
quite an assignment for one sentence. Even though Posted on Thursday, January 21, 2010 at 9:40 am

Clients frequently ask if they can keep a credit card after they file
for bankruptcy under chapter 7. They often think that just because
they have a zero balance, the credit card company will still allow
them to use the credit card after bankruptcy. Unfortunately, we can't
be sure whether or not you'll be able to keep using your credit cards?
Why? Credit cards give you the opportunity to incur debt in the
future. From the standpoint of the credit card company, a credit card
is a "financial accommodation." Posted on Thursday, January 21, 2010 at 9:40 am

A Grifton podiatrist was sentenced to probation and a fine for a drug
charge. Dr. Paul Joseph Civatte, 52, was given a sentence of 12 months
of probation and a fine for a reduced charge of possession of drug
paraphernalia. The case dated back to Dr. Civatte's 2007 arrest for
possession of cocaine and maintaining a automobile for the use of
controlled substances(CDS). Dr. Civatee, who is a podiatrist at
Greenville Foot and Ankle Center, was arrested for allegedly
possessing two grams of cocaine while Posted on Wednesday, April 15, 2009 at 5:54 am

Dr. Dave Dai Quang Pham, a St. Louis podiatrist, is accused of trying
to exchange prescription drugs for sex. The St. Francois County
Prosecutor charged 49-year-old Dr. Pham with possession of a
controlled substance with intent to distribute, distribution of a
controlled substance, and a misdemeanor, patronizing prostitution.
Source: Associated Press (April 2, 2009) Posted on Tuesday, April 7, 2009 at 4:19 am

A St. Louis, Missouri podiatrist has plead guilty to obstructing a
federal audit when she provided the Medicare program with a false and
backdated treatment record, U.S. said Thursday. Bic Chau Stafford,
D.P.M., 59, who practices at the Family Foot and Ankle Care Center in
Maryland Heights, as well as assorted assisted living facilities in
St. Louis County and St. Louis City, plead guilty to one felony count
of obstruction of a federal audit. When sentenced Dr. Stafford faces
fines of up to $250,000 and Posted on Saturday, April 4, 2009 at 6:23 am

Many of you have called or emailed about Fireside Bank's repossession
of your vehicle. You are hoping that you are included in our Fireside
class action settlement. That settlement resulted in Fireside clearing
class members' credit reports of Fireside's tradeline. The settlement
also required Fireside to reduce class members' obligations to zero.
California law requires repossessing finance companies to exactly
comply with the law when they send post-repossession notices of intent
to dispose (NOIs). If the Posted on Friday, January 29, 2010 at 5:19 pm

Fireside Bank settlement class members who made payments to Fireside
after their vehicles were repossessed are entitled to a 90% refund of
those payments. Checks were initially mailed several months ago. Most
class members cashed or deposited their checks long ago. If you
received a settlement check from the Fireside Bank settlement but have
not cashed your check, you must cash it or deposit it right away!
Otherwise your check will go "stale" and you will not be able to cash
it at all. Also, if you are a Posted on Wednesday, January 20, 2010 at 4:33 pm

Ford Motor Credit Company ("FMCC") has agreed to settle a consumer
class action involving vehicle repossessions. Consumers alleged FMCC
failed to provide post-repossession notices that comply with
California law. Although it denies the allegations, FMCC will provide
substantial relief to the 15,877 class members, including a promise to
stop collection of approximately $110,810,774.38 in outstanding
deficiency balances and to refund the full amount that class members
have already paid on their deficiencies, Posted on Wednesday, October 21, 2009 at 3:24 pm

In a case closely watched by consumer groups and the debt collection
industry, the Alaska Supreme Court handed down a decision yesterday
stating Because we conclude that it would not unconstitutionally
burden the defendants' petitioning activities to require them to
litigate debt collection claims in a fair manner, we reverse the
dismissal of Pepper's complaint. The court in deciding Pepper v. Routh
Crabtree APC (available at sp-6437.pdf (application/pdf Object) ) held
that acts by the debt collector Posted on Tuesday, December 15, 2009 at 4:30 pm

Tuesday, November 24, 2009 Alaska Supreme Court Rejects Debt
Collectors' First Amendment Defense by Deepak Gupta With increasing
frequency, debt collectors accused of engaging in abusive tactics in
the context of consumer collection litigation have been raising a
novel defense based on the Petition Clause of the First Amendment,
which guarantees a right of access to the courts. They argue that
their conduct constitutes protected petitioning activity and is thus
completely immune from liability under the Posted on Tuesday, December 15, 2009 at 4:30 pm

Yesterday's Guardian reports that Arctic seas turn to acid, putting
vital food chain at risk Robin McKie, science editor Carbon-dioxide
emissions are turning the waters of the Arctic Ocean into acid at an
unprecedented rate, scientists have discovered. Research carried out
in the archipelago of Svalbard has shown in many regions around the
north pole seawater is likely to reach corrosive levels within 10
years. The water will then start to dissolve the shells of mussels and
other shellfish and cause major Posted on Monday, October 5, 2009 at 2:17 am

Bankruptcy and consumer lawyers in Alabama and elsewhere should be
aware of American Express's attempt to subvert bankruptcy laws with
respect to preference payments. American Express has announced a plan
to pay some of its card members $300 to pay-off their cards and close
their accounts. American Express says its offer is to help consumers
"simplify" their finances. However, it is clear; American Express is
trying to induce consumers to pay it first. As many remember, the
"Bankruptcy Abuse Prevention and Posted on Tuesday, February 24, 2009 at 6:42 am

As an Alabama consumer lawyer I see more and more clients who are
"over-extended" and having tough times economically. Deciding whether
or not to file bankruptcy is one of the most difficult decisions a
person can make. However, bankruptcy no longer carries the stigma it
once did. This is especially true during these particularly dire
economic times. Many of the country's largest and most prestigious
institutions, like Lehman Brothers, have fallen on hard times and
sought relief in bankruptcy. If you're Posted on Sunday, February 22, 2009 at 9:35 am

Borrowers Who Are Current on Their Mortgage Are Asking: 1. What help
is available for borrowers who stay current on their mortgage payments
but have seen their homes decrease in value? Under the Homeowner
Affordability and Stability Plan, eligible borrowers who stay current
on their mortgages but have been unable to refinance to lower their
interest rates because their homes have decreased in value, may now
have the opportunity to refinance into a 30 or 15 year, fixed rate
loan. Through the program, Fannie Posted on Friday, February 20, 2009 at 8:50 am

PRESS RELEASE CONSUMER LITIGATION GROUP Law Office of Dimitrios
Kolovos, LLC 211 West State Street, Suite 204 Media, PA 19063
610-616-5303 610-672-1944 (fax) Info@ConsumerLitigators.com
www.ConsumerLitigators.com Media, Pennsylvania, January 4, 2010 - A
New Jersey woman hired the Law Office of Dimitrios Kolovos, LLC to
file a lawsuit against the debt collector Portfolio Recovery
Associates LLC for allegedly violating the Fair Debt Collection
Practices Act (FDCPA), the N.J. Identity Theft Prevention Act Posted on Wednesday, January 20, 2010 at 5:31 pm

/* /*]]>*/ PRESS RELEASE CONSUMER LITIGATION GROUP Law Office of
Dimitrios Kolovos, LLC 211 West State Street Media, PA 19063
610-616-5303 (Delaware Co.) 856-861-4241 (South Jersey) 215-437-3110
(Philadelphia) 610-672-1944 (fax) Info@ConsumerLitigators.com
www.ConsumerLitigators.com Media, Pennsylvania, August 31, 2009 - A
New Jersey woman hired the Law Office of Dimitrios Kolovos, LLC to
file a lawsuit against the debt collector Arrow Financial Services,
L.L.C. for allegedly violating the Fair Debt Posted on Sunday, August 30, 2009 at 6:15 pm

PRESS RELEASE CONSUMER LITIGATION GROUP Law Office of Dimitrios
Kolovos, LLC 211 West State Street, Suite 204 Media, Pennsylvania
19063 610-616-5303 610-672-1944 (fax) Info@ConsumerLitigators.com
www.ConsumerLitigators.com Media, Pennsylvania, July 15, 2009 - One
man is alleged by the Minnesota Attorney General in a recent consumer
protection lawsuit to control ultimately an alternate legal system in
which the main parties and the "judges" before whom those parties
appear and the money that flows back and Posted on Tuesday, July 14, 2009 at 6:51 pm

Condominiums are growing in popularity, and for a number of reasons.
But when purchasing a condo, people tend to assume that the level of
due diligence required prior to purchase is less then that of a
standard house. In fact more due diligence is required. This article
goes over some of the key elements, with respect to a Condo purchase,
you need to make sure you look at prior to giving a binding offer. Due
Diligence is the process of taking the required steps for you to
become properly informed about the Posted on Thursday, March 26, 2009 at 12:53 am

Buying a house can be a very stressful experience. There are so many
unknowns with the quality of the house, not including the bucket loads
of money you need to spend. Most locations require that sellers
provide buyers with a Property Disclosure Statement, or A Property
Condition Disclosure Statement. They are the same thing and basically
it is a report card of the property filled out by the seller. If you
are a seller, it is vital that you fill this out correctly. Knowingly
forgetting, or misleading can Posted on Monday, March 16, 2009 at 4:42 pm

Property law in law school is not one of the most popular subjects,
although it is mandatory in most schools. As a result of land existing
far before humans, or the creation of law, the rules for land
ownership are a mismatch of old and current influence. Regardless of
the history, there are a few elements that are easy to explain, that
will give you a solid foundation on understanding land ownership. This
applies to the entire Common Law area. The concept of land ownership
is based on Title. Title is the Posted on Monday, March 16, 2009 at 2:59 am

Please note that I've relocated this blog to our new website,
www.davidsugerman.com Please look for updates there. Posted on Wednesday, February 3, 2010 at 7:32 am

I was a bit surprised to learn that Wikipedia picked up on our
proposed class action case against Western Culinary Institute. I have
no idea how long the Wiki entry on WCI has included information on the
case. The entry cites The Oregonian reporter Brent Hunsberger's
initial report on the the filing of the case. Much has changed since
that time. Still, it's interesting to see that the Wiki report
includes information. Wiki's reach is limited, of course. Its entry on
Career Education Corp. summarizes the Posted on Thursday, September 10, 2009 at 9:08 am

We filed our opening brief today in the proposed consumer class action
against Western Culinary Institute and Career Education Corp. In
support of the brief, we submitted confidential documents, so at least
for the present, I can't post the brief on line. We're going to seek
to remove the confidential designation from the exhibits that we used.
If the court agrees, we'll be able to post it and will do so. I'm
working on the case with Portland attorney Brian Campf. We filed in
March 2008. Under our current Posted on Monday, August 31, 2009 at 3:04 pm

In my 30+ years of practice, this is the first time I've seen this
particular issue (although I suspect it occurred frequently in the
past). A creditor sues and gets a judgment. He takes that judgment to
the Probate Office and records it. Does the creditor have a lien under
Ala. Code Section 6-9-210? No. In BMJA, LLC v. Murphy, decided January
10, 2010, the Alabama Supreme Court held that recording a judgment
accomplishes nothing. In order to create a lien pursuant to Section
6-9-210, you must record a Posted on Thursday, January 28, 2010 at 10:15 pm

A right of set-off is simply a remedy existing under state law which
allows parties mutually obligated to one another to apply their mutual
debts against each other. If I owe you $100, but you owe me $80, we
are square if I pay you $20. The Bankruptcy Code does not provide a
right of set-off since it would be preferential on its face, favoring
one creditor over others. The Bankruptcy Code does, however, provide
in Section 553 that rights of set-off existing under state law are
enforceable (and hence not Posted on Friday, January 22, 2010 at 4:11 pm

Most debtors, and debtors' counsel, are extremely cooperative. I have
little difficulty with the bankruptcy bar in SE Alabama. But, there is
the occasional recalcitrant debtor with an attitude, who just doesn't
want to be bothered digging through boxes of records. So, they bring
me the boxes and expect me to do the digging. As my wife says quite
often, "I don't think so." In In re Royce Homes, LP. 2009 WL 3052439
(Bkrtcy. S.D.Tex.), the debtor provided trustee access to the storage
area where files were Posted on Friday, January 22, 2010 at 4:11 pm

Miami and South Florida homeowners fighting foreclosure or upside down
on their mortgage may have a way out. Judges around the Country are
holding banks trying to foreclose to their burden. TILA, HOEPA, RESPA
are words Banks don't want to hear. Many judges have lost patience
with lenders. The days of a quick foreclosure sale and whopping
deficiency judgment have changed some. A strong defense to foreclosure
can make the difference in avoiding financial ruin. You need qualified
counsel with prior bank Posted on Friday, January 22, 2010 at 1:56 am

Its not funny to Miami and South Florida homeowners fearing
foreclosure who owe more on their mortgage than their home is worth.
Being upside or underwater on your mortgage can wipe out your savings,
force you out of your house and leave you with a deficiency judgments.
Strategic default, walk away, but don't give up. You need competent
counsel with prior bank experience to get through this difficult time.
Stephen Colbert explains the difference between your mortgage and your
word. The Colbert Report Mon - Posted on Friday, January 22, 2010 at 1:56 am

More than half of all homeowners fearing foreclosure in Miami and
South Florida are underwater on their mortgages and facing deficiency
judgments. One Law School Professor says the smartest move is to walk
away and don't feel guilty about it. Loan Modifications aren't
working. Short sales put you out of your home. Banks won't reduce
principal balances. Strategic defaults are increasingly becoming the
best financial decision for some borrowers. Brent T. White, a
University of Arizona law school professor, Posted on Tuesday, December 22, 2009 at 5:30 pm

The government is introducing a prepaid debit card for Social Security
recipients. The debit card will be introduced in a handful of states
this spring and rolled out nationwide by the end of the summer. The
progam is targeted at Social Security recipients who don't have a bank
account. There are some cardholder fees associated with the debit
card. The debit card is part of a broader effort by the government to
move to electronic payments. In 2005, the government started its Go
Direct campaign which is Posted on Saturday, January 12, 2008 at 5:45 pm

I frequently get asked about speaking at seminars or about hosting my
own seminars. For the last couple of years, I've resisted planning my
own seminars because I already had a full schedule of speaking
engagements. In 2008, I've decided to do it differently. I will be
hosting approximately 8 seminars during the year for the public. The
seminars will cover issues regarding harassment by debt collectors,
handling problems with your bank account and your bank, correcting
errors on credit reports, negotiating Posted on Saturday, December 8, 2007 at 5:59 am

From the FTC website at http://www.ftc.gov/opa/2007/11/edge.shtm: "The
Federal Trade Commission has created a consumer hotline for consumers
who purchased "debt reduction services" from Edge Solutions, Money
Cares, the Debt Settlement Company, the Debt Elimination Center, and
Pay Help Inc. The hotline is in addition to a letter that was recently
sent to the customers of Edge Solutions and the other companies,
notifying them that the companies were shutdown. Consumers who call
the FTC's hotline at Posted on Saturday, November 17, 2007 at 1:58 pm

Posted on Monday, December 21, 2009 at 5:42 pm

Just wanted to post other clips from the Dateline Episode "Inside the
Financial Fiasco" which aired Part I "Debt Trap" on Friday, March 27,
2009. I have posted below additional video links to this episode
regarding the abusive and illegal practices of some debt collectors.
Visit msnbc.com for Breaking News, World News, and News about the
Economy Visit msnbc.com for Breaking News, World News, and News about
the Economy Visit msnbc.com for Breaking News, World News, and News
about the Economy Visit msnbc.com Posted on Sunday, March 29, 2009 at 12:14 pm

Dateline NBC aired a very interesting episode on it's Friday edition
of the show entitled "Inside the Financial Fiasco". Friday's episode
pertained to the tactics and practices of the debt collection
industry. Dateline NBC conducted some undercover investigations of
debt collectors. I found the tactics of these debt collectors to be
beyond abusive and harassing. In my opinion, the tactics used by the
debt collectors portrayed in this episode were fraudulent and
criminal. This episode should be a wake up Posted on Sunday, March 29, 2009 at 9:43 am

I'm old enough to remember Romper Room -- a kids show on TV back in
the dark (as in "black and white") ages. Romper Room had a regular
segment called something like "Do Bee vs. Don't Bee" -- the idea being
that you should be a "Do Bee" (generally exhibiting good character
traits, and avoid being a "Don't Bee". Well here's a tribute to that
Do Bee vs. Don't Bee segment, except that these mostly "Don't Bee"
examples rolled off my laptop this morning as I was thinking about
some bankruptcy clients. If you want Posted on Tuesday, December 22, 2009 at 10:24 am

Some clients were in the office and were consulting me about some
business debts they'd personally guaranteed from a failed business.
Facing the prospect of multiple lawsuits, they wanted to know if a
bank could garnish their son's bank account. "Can the bank really take
my kid's money?" The answer is "YES" -- any time two or more persons
share a joint bank account, they both (all) own 100% of the amount in
the account. Therefore, even though the kid has earned every cent in
that account through a long, hot Posted on Friday, October 30, 2009 at 10:16 am

"Help! My landlord has given me 48 hours to leave my apartment and I
have no place to go!" Unfortunately, this was a real life plea I
received just the other day. The man on the phone told me that he'd
had a dispute with his landlord (who occupied the bottom floor of a
two-story dwelling) that the tenant and his pregnant wife and baby had
rented the upper floor. "Is that legal", he wondered? No, it is not
legal. Not under Oklahoma law. In order for a landlord to evict
someone, they must file a Forcible Posted on Sunday, September 13, 2009 at 6:41 pm

Suggestion #6: 6. Keep your seat-belt fastened until the officer has
seen you are wearing it. Today's suggestion may keep you from getting
a seat-belt violation ticket. You can find the entire collection of
suggestions as we compile them by clicking the link on the right hand
side of this page. Thanks to the Port Arthur Police Department for
allowing us to submit these items to our readers. Posted on Tuesday, December 22, 2009 at 5:43 pm

Our Beaumont Enterprise reports today: State Farm Lloyds must pay home
insurance policyholders $310 million in refunds and interest for
overcharges stretching back as far as six years… This is a drop in
the bucket compared to what abuses take place. For those of you
interested in obtaining your refund the article goes on to state:
Existing policyholders will receive refunds in the form of credits
when they renew their policies. Those who are no longer customers or
don't want to renew will receive checks, Posted on Tuesday, December 22, 2009 at 5:43 pm

Suggestion #5: 5. Remain calm. If there are passengers, also ask them
to remain quiet and cooperative with all reasonable requests. Do not
let anyone in your vehicle make threatening statements or gestures to
the officers. You can find the entire collection of suggestions as we
compile them by clicking the link on the right hand side of this page.
Thanks to the Port Arthur Police Department for allowing us to submit
these items to our readers. Posted on Monday, November 2, 2009 at 11:43 am

The New Jersey Governor signed into law a bill that makes important
amendments to the New Jersey New Car Lemon Law. The amendments
increase the amount of time that a consumer has to get the vehicle
fixed in a reasonable period of time from 18,000 miles to 24,000 miles
(or 24 months, which was the same as under the old New Jersey New Car
Lemon Law). Also, if a vehicle has serious defects that could cause
death or serious injury, it is presumed a lemon after one failed
repair attempt to the automobile. Posted on Thursday, October 8, 2009 at 1:04 pm

A New Jersey Superior Court entered an order requiring a cigarette
retailer - Red Jacket Tobacco of Salamanca, New York - to pay $762,776
in penalties, attorney's fees and costs for the following misconduct:
· selling unregistered cigarettes without having a license ·
avoiding taxes · failing to confirm purchasers were above the age of
19 · violating the New Jersey Consumer Fraud Act, including
administrative regulations adopted by the New Jersey Division of
Consumer Affairs The retailer's direct-mail ads, Posted on Thursday, October 8, 2009 at 1:02 pm

New Jersey Consumers sued Brother International Corporation in a New
Jersey Federal Court for alleged violations of the New Jersey Consumer
Fraud Act associated with purchases of its Multi-Function Center line
of all-in-one devices. The company successfully had certain claims
against it dismissed but the lawsuit remains active in the court
system. Posted on Tuesday, June 30, 2009 at 6:38 am