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Credit Cards, Congress and Class Actions: Consumers Lose

Patrick Perotti December 22, 2017

In a blow to consumer protection, Congress recently voted to block all class actions against financial institutions. The Senate vote was a tie, broken by Vice President Mike Pence. The vote denies citizens any ability to challenge consumer fraud in class action suits. It resulted from a multimillion-dollar lobbying campaign by the banking industry, financial services industry and chamber of

Marsy’s Law: Are Crimes Victims Really More Protected Now?

Eric Long December 22, 2017

On Nov. 7, 2017, Ohio voters overwhelmingly passed Issue 1, or Marsy’s Law under the guise of a “victim’s bill of rights.” Ohio is the most recent state to adopt such legislation, and surely will not be the last. On its face, it is hard to imagine opposition to helping victims of crimes, and the pre-election question posed was usually

New Criminal Pattern Jury Instructions Are Available Online

John Hightower December 13, 2017

For the past four years, the Alabama pattern jury instructions committee (criminal), an official committee of the Alabama Bar, has been working on revising the criminal pattern jury instructions, last issued in book form in 1994 by the Alabama Bar Institute. Since the work of the committee is still in progress, Alabama lawyers may still need to refer to the

Maternal Mortality: Why Are Texas Mothers Dying?

Kay Van Wey December 6, 2017

As attorneys, many of us have the opportunity and tremendous responsibility to help people in their time of suffering. For me, there are clients who came into my life after tragedy struck. Some of their stories will never leave me. I would like to tell you about Betty. She had just given birth to a healthy baby boy via a

Game of Clones: Amazon Style

Z. Peter Sawicki and James L. Young December 6, 2017

Amazon’s Marketplace According to a Jan. 12, 2017, Forbes article, Amazon has moved past Walmart as the most valuable retailer in the United States. The Seattle Times (May 31, 2016) reported that more than two million merchants were selling their goods through Amazon. It has also been reported that it is more profitable for Amazon to handle sales and logistics

Hurricane Irma & Marine Cargo Insurance

Daniel Raab December 6, 2017

It is important to have cargo insurance for many reasons including that an act of nature is a defense to an ocean carrier and even an inland carrier paying a claim. The Carriage of Goods by Sea Act has an act of nature defense under 46 U.S.C.A. 1304 (2). This is considered an uncontrollable loss. In other words, if the

Expanding the Checklist: Initial Strategic Considerations in Defense of a Lawsuit

Steve Phillips December 6, 2017

You’ve received a call from your client regarding a new lawsuit that’s been filed against them. As trial lawyers, we are conditioned to focus on the nuts and bolts of evaluating a case based on analysis of the legal claims and defenses, factual development and procedural devices (e.g., to answer or move to dismiss). In fact, most trial lawyers have

Funding the Divorce Case: Options for Potential Clients

Heather Williams Forshey November 28, 2017

How much is this going to cost? It is the number one question we get asked by clients who are seeking representation for family law matters. What do you say to a spouse who is unemployed and does not have access to the marital assets? What do you say to clients who simply do not have the cash to pay

Borrowers Ignore Escrow Accounts at Their Peril

Marc Dann November 14, 2017

It’s easy to ignore the annual escrow reconciliation notice the Real Estate Settlement Procedure Act (RESPA) requires mortgage servicers to send borrowers each year. Heck, I sue mortgage servicers for a living and I admit I often shove the piece aside for days before checking to see if it’s accurate. Despite its innocuous appearance, the notice is way more important

‘Ring, Ring. Recording. Another *%&$! Robo Call. There Ought to be a Law!’

Nicole Fiorelli November 14, 2017

How many times have you answered a call from a strange number, only to be greeted by an automated message trying to sell you something you don’t want? Or received a text from a retailer you’ve never heard of promoting their product? Annoying, right? Congress agrees. Accordingly, the Telephone Consumer Protection Act, 47 USC § 227, (TCPA) expressly prohibits the

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