Business owner can’t be sued for fatal shooting 
Published: May 24, 2013
Tags: duty of care, negligence, premises liability, wrongful death
A business owner could not be sued for the death of a neighbor who was shot in an attempt to stop a robbery of his business, the New Jersey Supreme Court has ruled.
Constitution mandates reduction of crack cocaine sentences
Published: May 24, 2013
Tags: crack cocaine, Fair Sentencing Act, sentencing disparity
Equal protection requires granting two crack cocaine defendants retroactive relief from racially discriminatory mandatory minimum sentences imposed on them in 2005, the 6th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Mortgage servicing isn’t ‘consumer transaction’
Published: May 24, 2013
Tags: consumer protection, mortgage servicing, mortgages
The servicing of a borrower’s residential mortgage loan is not a “consumer transaction” under state consumer protection law, the Ohio Supreme Court has ruled in answering a certified question from a U.S. District Court.
Toxic contamination suit not removable under CAFA
Published: May 24, 2013
Tags: CAFA, class action fairness act, environmental litigation, nuisance, toxic emissions
An environmental contamination suit brought by more than 500 homeowners was not a removable “mass action” under the Class Action Fairness Act, the 3rd U.S. Circuit Court of Appeals has ruled in affirming judgment.
Suspect’s wife validly consented to warrantless search
Published: May 24, 2013
Tags: consent search, Fourth Amendment, Georgia v. Randolph, search and seizure, search incident to arrest
A suspect’s decision to remain silent behind a locked bedroom door did not amount to an objection that would override his wife’s consent to a warrantless search of the premises by police, the Colorado Supreme Court has ruled in reversing a suppression order.
Trustee’s mistake voided California foreclosure sale
Published: May 23, 2013
Tags: foreclosure, mortgages, non-judicial foreclosure
A trustee could void a nonjudicial foreclosure sale based on its mistake in communicating the lender’s opening bid to the auctioneer, the California Supreme Court has ruled in reversing judgment.
Check-cashing firm’s arbitration clause enforceable
Published: May 22, 2013
Tags: arbitration, consumer protection, payday loan, predatory lending
A check-cashing business could enforce an updated version of an arbitration clause included in its delayed-deposit customer agreements, the Mississippi Court of Appeals has ruled.
Medicare statute doesn’t preempt state comp law
Published: May 22, 2013
Tags: Medicare, Medicare Secondary Payer statute, workers' compensation
The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.
FTC briefs Senate committee on credit reporting accuracy
Published: May 22, 2013
Tags: Congress, consumer protection, Fair Credit Reporting Act, FCRA, Federal Trade Commission, FTC
Errors in credit reports can cause businesses to deny credit to potentially valuable customers, a director of the Federal Trade Commission warned a U.S. Senate subcommittee earlier this month.
Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports
Published: May 22, 2013
Tags: First Amendment, right of publicity, video games
The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.
That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.
