http://www.abajournal.com/news/ en Copyright 2013 2013-06-20T04:43:01-06:00 http://www.abajournal.com/news/article/controversial_eminent_domain_approach_to_underwater_mortgages_gathers_some_/ A venture capital firm's bid to help some struggling homeowners avert foreclosure by using the government's eminent domain power to purchase their property at actual value is gathering steam. Several cities in California have agreed to pursue the idea, and others, including North Las Vegas, Nev., are pondering the plan,… Banking Law, Consumer Law, Government Law, Real Estate & Property Law, States, California, Nevada Mon, 17 Jun 2013 16:45:07 -0500 44673.abajournal.com http://www.abajournal.com/news/article/is_a_fee-laden_debit_card_lawful_money_for_worker_pay_purposes_class_action/ A worker at a Pennsylvania McDonald's who says she was told she would not be paid unless she accepted her money in the form of a debit card that carried hefty charges for virtually every transaction has filed suit against her employers. Natalie Gunshannon, a single mom who was to… Banking Law, Consumer Law, Corporate Law, Labor & Employment, Tort Law, Trials & Litigation, States, Pennsylvania Mon, 17 Jun 2013 14:09:23 -0500 44669.abajournal.com http://www.abajournal.com/news/article/aclu_sues_obama_administration_over_nsa_phone-records_dragnet/ In the first step in a process that could eventually lead to a U.S. Supreme Court ruling on the legality of a sweeping telephone records review revealed last week by a former National Security Agency contractor, the American Civil Liberties Union on Tuesday sued the Obama administration over its "dragnet"… Civil Rights, Constitutional Law, Consumer Law, Cybersecurity, Executive Branch, Media & Communications Law, Tort Law, Trials & Litigation, Evidence, 2nd Circuit Court, States, New York Tue, 11 Jun 2013 16:25:31 -0500 44604.abajournal.com http://www.abajournal.com/news/article/new_mini-wheats_settlement_gets_preliminary_ok_deal_value_dropped_but_not_a/ Kellogg’s has agreed to a new settlement in a consumer class action that pays the same attorney fees, despite a lower value than an earlier proposal. U.S. District Judge Irma Gonzalez gave preliminary approval to the deal earlier this month in a suit claiming Kellogg’s made false advertising claims about… Advertising Law, Consumer Law, Trials & Litigation, Verdicts & Settlements Fri, 31 May 2013 06:24:32 -0500 44418.abajournal.com http://www.abajournal.com/news/article/5th_circuit_parses_runny-egg_rule_issues_sunny-side-up_decision_for_defenda/ A Texas nursing home sizzling over severe penalties imposed after a state inspection found two residents had been served unpasteurized eggs that were inadequately cooked has presumably simmered down after the latest chapter in the runny-egg saga. Reversing an administrative law judge and the U.S. Department of Health and Human… Administrative Law, Appellate Practice, Consumer Law, Elder Law, Government Law, Health Law, Trials & Litigation, Verdicts & Settlements, 5th Circuit Court, States, Texas Tue, 28 May 2013 10:20:53 -0500 44364.abajournal.com http://www.abajournal.com/news/article/teeth-whitening_entrepreneurs_challenge_dentists-only_restriction/ The Institute for Justice is challenging yet another licensing regulation, this time in a suit over restrictions on teeth whitening. The complaint (PDF), filed last month on behalf of two teeth-whitening entrepreneurs, challenges an Alabama law that allows only dentists to perform such services, according to the Constitutional Law, Consumer Law, Trials & Litigation Tue, 28 May 2013 06:30:05 -0500 44362.abajournal.com http://www.abajournal.com/news/article/iud_litigation_needs_some_women_as_lead_lawyers_says_federal_judge/ There are no women lawyers on the proposed plaintiffs executive committee overseeing the Mirena IUD litigation, and that’s a problem, considering the nature of the case, a federal judge told counsel Friday at an initial status conference. The consolidated, multidistrict matter involves more than 50 lawsuits. All claim that the… Consumer Law, Trials & Litigation Mon, 20 May 2013 14:00:11 -0500 44267.abajournal.com http://www.abajournal.com/news/article/is_your_photo_online_are_you_on_facebook_if_so_retailers_can_id_you_an/ Decades ago, George Orwell wrote a famous novel, 1984, that envisioned a then-future world in which "Big Brother"—a totalitarian government—was watching its citizens through a variety of electronic gadgetry and might at any time bark orders at individuals through a loudspeaker or television screen. That world doesn't yet exist, as… Consumer Law, Corporate Law, Government Law, International Law, Privacy Law Mon, 20 May 2013 08:40:46 -0500 44264.abajournal.com http://www.abajournal.com/news/article/top_state_court_says_couple_must_pay_disputed_94_plus_5k_more_to_law_firm/ Sued by a Montana law firm over an unpaid legal bill, Daniel and Valery O’Connell anted up some $3,000 to satisfy the 2010 judgment but disputed $93.99 of the total. The result was another lawsuit, a default judgment and an eventual determination by the state's highest court earlier this month… Consumer Law, Contracts, Law Firms, Solos/Small Firms, Trials & Litigation, Attorney Fees, Verdicts & Settlements, States, Montana Mon, 20 May 2013 07:00:38 -0500 44262.abajournal.com http://www.abajournal.com/news/article/40m_skechers_settlement_approved_in_class_action_targeting_toning-shoe_clai/ A federal judge in Louisville has approved a $40 million settlement in a consumer class action alleging Skechers made unfounded claims about the benefits of its toning shoes. The company was targeted for claims that the shoes strengthened muscles and promoted weight loss, report the Associated Press,… Consumer Law, Trials & Litigation, Verdicts & Settlements Tue, 14 May 2013 07:48:00 -0500 44163.abajournal.com http://www.abajournal.com/news/article/calif._ag_sues_jp_morgan_chase_alleges_robo-signing_of_docs_in_credit-card_/ California's attorney general sued one of the nation's biggest banks on Thursday, alleging that JPMorgan Chase & Co.had engaged in widespread "robo-signing" of documents in credit card collection lawsuits. "To maintain this breakneck pace" while dealing with a glut of litigation against delinquent cardholders, the lending institution created a “debt… Civil Rights, Constitutional Law, Consumer Law, Contracts, Corporate Law, Government Law, Tort Law, Trials & Litigation, Evidence, States, California Thu, 09 May 2013 17:52:20 -0500 44118.abajournal.com http://www.abajournal.com/news/article/new_federal_consumer_agency_sues_debt-relief_law_firms_one_attorney_is_also/ A new federal agency filed a lawsuit Tuesday against two New York City area law firms and an attorney who owns a related business. It contends that they charged illegal advance fees for so-called debt-relief services that provided little or no benefit to consumers, who routinely lost amounts ranging from… Consumer Law, Criminal Justice, White Collar Crime, Executive Branch, Trials & Litigation, 2nd Circuit Court, States, New York Tue, 07 May 2013 16:37:49 -0500 44077.abajournal.com http://www.abajournal.com/news/article/australias_publicly_traded_slater_gordon_raising_64m_to_buy_more_uk_persona/ In its continuing drive to dominate the global personal injury and consumer legal market, Slater & Gordon is raising $63.9 million to expand its British personal injury practice. The plaintiff megafirm has struck deals to buy three United Kingdom law firms at a total cost of about $35 million, according… Consumer Law, International Law, Law Firms, Large Firm, Tort Law, International, Australia Tue, 07 May 2013 13:15:31 -0500 44071.abajournal.com http://www.abajournal.com/news/article/Cheap_bus_ticket_included_a_costly_trip_to_small-claims_court_for_over_100_/ A 50-cent bus fare purchased by a University of Illinois student for a November 2011 trip to visit a friend at Illinois State University got a lot more expensive when, more than a year later, the bus company sent him a demand letter by Federal Express. It said Ryan Tompkins… Consumer Law, Contracts, Trials & Litigation, Verdicts & Settlements, States, Illinois Fri, 03 May 2013 11:15:50 -0500 44009.abajournal.com http://www.abajournal.com/news/article/should_manufacturers_do_more_to_end_the_trade_in_stolen_smartphones/ Stolen cellphones account for nearly half of the robberies in San Francisco and are such a common problem in Chicago that authorities urge riders not to use smartphones on the city's mass transit system. But the problem could be greatly reduced, some say, if handset makers and carriers did more… Consumer Law, Criminal Justice, Legislation & Lobbying, Media & Communications Law, Science & Technology Law Thu, 02 May 2013 13:30:01 -0500 44016.abajournal.com http://www.abajournal.com/news/article/in_truly_bizarre_situation_fda_oks_no-prescription_plan_b_pill_sale_to_teen/ In the latest round of a hard-fought political battle over the issue of whether the so-called morning-after birth control pill should be available without a prescription to 15- and 16-year-olds, a federal regulatory agency has told pharmacies they are free to sell one brand, Plan B One-Step, over the counter,… Administrative Law, Consumer Law, Executive Branch, Health Law, Legislation & Lobbying, Science & Technology Law, Trials & Litigation, Verdicts & Settlements, 2nd Circuit Court, States, New York Thu, 02 May 2013 11:15:55 -0500 44004.abajournal.com http://www.abajournal.com/news/article/frugal_senior_cant_use_mileage_points_for_final_trip_home_because_she_will_/ Thinking ahead, a woman in her mid-90s has raised the question of whether the mileage points she has accumulated with a major airline can be used for her final flight to her home state, after her demise. The answer, according to an airline spokesperson contacted by Dear… Aviation & Space Law, Consumer Law, Contracts, Elder Law Wed, 01 May 2013 12:22:43 -0500 43995.abajournal.com http://www.abajournal.com/magazine/article/should_this_toy_be_saved/ Civil Procedure, Consumer Law, Government Law, Legislation & Lobbying, Tort Law, Product Liability Law, Trials & Litigation, Features Wed, 01 May 2013 05:10:10 -0500 43762.abajournal.com http://www.abajournal.com/magazine/article/attorneys_push_for_change_in_debt_collection/ Bankruptcy Law, Civil Procedure, Consumer Law, Contracts, Corporate Law, Criminal Justice, Criminal Procedure, Legislation & Lobbying, The National Pulse Wed, 01 May 2013 03:20:54 -0500 43794.abajournal.com http://www.abajournal.com/news/article/soda-order_spat_claim_of_unflushed_toilet_leads_to_police_involvement/ An airline passenger who says his refusal to order a soda on a computer touch screen led to his being detained and questioned by authorities after the plane landed has filed a federal civil rights lawsuit over the April 2012 incident. Salvatore Bevivino says he was falsely accused of swearing… Aviation & Space Law, Civil Rights, Constitutional Law, Consumer Law, Tort Law, Trials & Litigation, 9th Circuit Court, States, California Tue, 30 Apr 2013 13:29:39 -0500 43974.abajournal.com