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Heartland Data Breach: Handicapping the Financial Institutions' Suit In Light of Recent Class Actions

Heartland Data Breach: Handicapping the Financial Institutions’ Suit In Light of Recent Class Actions

Financial institutions face an uncertain legal environment when they attempt to obtain reimbursement for losses associated with a data breach at a credit card processor. When a data breach at a credit card processor or large merchant occurs, financial institutions are often out millions of dollars associated with cancelling and r

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HOA rules ban ‘For Sale’ signs

When Denise Hicks decided to sell her Lebanon home, she put a for sale sign in the front yard.A few days later she got a letter from the Home Owners Association warning her to take it down or risk being fined. According to the Spence Creek HOA, for sale and rent signs are prohibited. So are advertising flyers and posters and billboards of any kind. Hicks contracted with long time read more

US Government’s CPSC set to announce massive crib recall

US Government’s CPSC set to announce massive crib recall

The US Government’s Consumer Product Safety Commission plans to announce on Tuesday an expansive recall on cribs with dropdown sides. Both CBS News and ABC News in the U.S. have learned that the Consumer Product Safety Commission (CPSC), an independent federal agency, will announce a recall on cribs with dropdown sides in what could be the largest crib recall in U.S. history. A report issued by Consumer Correspondent Susan Koeppen on CBS’s “Early Show” indicated th

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Swartz v. Doe: Tennessee Ruling Provides Clarity on Showing Needed to Uncover Identity of Anonymous Blogger in Defamation/Privacy Case

Swartz v. Doe: Tennessee Ruling Provides Clarity on Showing Needed to Uncover Identity of Anonymous Blogger in Defamation/Privacy Case

A Tennessee trial court adopted a version of the "heavy" Dendrite standard for permitting discovery of the identity of the anonymous poster of an allegedly defamatory blog. However, as interpreted by the trial court, this standard was not insuperable, and resulted in an order that the

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Has the Roberts Court Killed Class Actions?

The Nation recently made the claim that the Supreme Court has made it virtually impossible to file a class action lawsuit. As evidence, several key cases were cited from the 2010-2011 term which are said to have had “far-reaching” implications on other would-be litigants who want to come together to pursue claims against big companies.  The cases included Wal-Mart v. Dukes

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Judge Rules House Can Sue Obama Administration on Health Care Spending

Judge Rules House Can Sue Obama Administration on Health Care Spending

Obamacare Merged With Private Insurance Raises Hackles on Both Sides of the Aisle

Presidential candidate Ted Cruz received a lesson in Iowa last week. A citizen told Cruz a story about his brother-in-law, a man who never had health coverage because  money was tight. He got coverage due to the Affordable Care Act, popularly known as “Obamaca

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Bloggers and Advertisers Beware: FTC Rules on Sponsored Endorsements Create Major Risks for “Word of Mouth” Advertising

New FTC Rules on Bloggers: According to the Word of Mouth Marketing Association (WOMMA), word of mouth advertising is "the most honest form of marketing, building upon people's natural desire to share their experiences with family, friends, and colleagues." But here comes the rub. When marketers pay for "w

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Abortion laws texas

The Abortion Battle – Texas Likely to Lead

It is expected that the next big Supreme Court case involving abortion will originate from Texas. In 2013, a law was implemented that closed abortion clinics in Texas significantly reducing access to abortion and an increase in abortion costs for women who still chose to go through the procedure. Texas has 17 abortion clinics today as comp

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uber lawsuit

Uber’s Attempt to Avoid Class-Action Lawsuit

Uber has faced one of its biggest courtroom confrontations in its effort to and convince a judge to block a lawsuit from turning into a class-action suit. The suit in question seeks mileage and tip reimbursement for 160,000 Uber drivers in California. The case will go before US District Judge Edward Chen where he will decide whether it should be granted class-action status. This court case comes at a time when on-demand

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Lane v. Facebook: Privacy Class Action Settlement Requires Facebook to Pay $9.5 Million, but Provides No Direct Benefits to Most Plaintiffs

Consumers who believe they have suffered an injury from a large corporation get excited when they hear that a class action has been filed to requite the wrong. What they often don't realize is that if the class action is successful, it may well result in a settlement that will provide them l

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