Business Litigation and Civil Practice
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Debt collector can rely on ‘bona fide error’ defense
Misinforming a debtor that her dispute of a mortgage payment must be in writing, even though the Fair Debt Collection Practices Act does not require a written dispute, is covered by the “bona fide error” defense to the Act, the 6th Circuit has ruled.
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August 11, 2008
Construction litigation booming as economy goes bust
Construction litigation has become a booming area of the law as the economy continues its downward spiral.
Although the types of claims are not new, there is a lot more work for lawyers representing developers, builders and buyers.
The economic situation has spawned lawsuits over disputes that would be settled in a better economy.
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August 11, 2008
Using social networks to investigate your case
An increasing number of attorneys, both criminal and civil, are using information gleaned from social networking sites to undercut the testimony of opposing witnesses.
These sites can also be a huge boon for attorneys who are trying to locate a missing witness or heir.
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August 11, 2008
Punitives for trucker fired for refusing unsafe load
A Texas trucker who was fired for refusing to drive an unsafe load was awarded $267,000 – nearly all of it in punitive damages.
Safety has been a growing concern as the number of trucks has increased while the industry suffers from a shortage of qualified drivers.
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August 25, 2008
Toxic tort suit can be removed to federal court
A toxic tort lawsuit filed on behalf of over a hundred plaintiffs in Illinois state court could be removed to federal court, even though the plaintiffs argued that their claim was not a “mass action” under the new federal class action reform law, the 7th Circuit has ruled.
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August 11, 2008
Fees in civil rights case shouldn’t have been reduced
A lawyer’s fees in a civil rights case couldn’t be reduced based on mere conjecture that the hours billed reflected a "duplication of effort," or because she could have delegated certain tasks to lower-paid staff, the 9th Circuit has ruled.
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August 11, 2008
Buyer can’t sue over truck’s hidden accident history
A pickup truck buyer can't sue under the federal odometer disclosure statute for the seller’s failure to reveal the truck’s accident history, the 9th Circuit has ruled.
The plaintiff argued the defendant violated the law by failing to provide a title, which would have shown the vehicle had been salvaged from an accident.