A selection of the need-to-know civil justice news for the week of May 7-13.
Did Litigation Kill the Beatles?
Stan Soocher | ABA Journal
As the most successful band in history, the Beatles generated not only a record number of music hits but probably more legal disputes than any other music group before or since. As the first international rock band brand in a still nascent music business – and guided by a neophyte personal manager – the Beatles became entangled in a distracting series of legal problems nearly from the start of their career.
Advance Auto Parts Sued Over ‘Illegal’ Terms And Conditions
Dani Meyer | Law360
Advance Auto Parts was hit with a proposed class action Thursday in California federal court accusing the auto parts retailer of using terms and conditions on its website that contain illegal provisions seeking to force consumers to give up their tort and negligence claims in violation of New Jersey law.
Trial Judge Nixes Class Suit Over Gym Membership Contract
Charles Toutant | New Jersey Law Journal
A broad waiver of liability in a health club’s membership contract is not sufficient to sustain a claim under New Jersey’s Truth in Consumer Contract and Warranty Notice Act, a state Superior Court judge in Camden has ruled.
Why We Need to Save Arbitration
David Hirschmann and Lisa Rickard | Politico
Today, the Consumer Financial Protection Bureau will propose a regulation that is a classic example of “a solution in search of a problem.” The new rule, which applies to contracts between companies and consumers, will ban contract terms that prohibit consumers from filing class action lawsuits. It sounds like it’s intended to protect consumers by allowing them to sue companies for damages, but the result actually works against them: It will effectively eliminate arbitration for many consumers and replace it with class action suits, which do a poor job of compensating consumers and a great job of enriching plaintiffs’ lawyers.
New Law Seeks to Protect Small Businesses from ADA Lawsuits
Frances Wang | KXTV
On Tuesday, [California] Governor Jerry Brown signed a bill that would make it harder for people to take advantage of the Americans with Disabilities Act (ADA). Under Senate Bill 269, small businesses with less than 50 employees would have time to fix access violations. Small businesses can hire a Certified Access Specialist (CASp) and would have 120 days to fix any violations. If the business was being sued, they would have 15 days to address those violations. The legislation also requires local governments to inform businesses of changing ADA laws.
Six Flags Sued Over Child Losing Balance on Bugs Bunny Ride
U.S. Chamber Institute for Legal Reform
A recent lawsuit against a New Jersey amusement park is leaving everyone dazed and confused. The father of a minor child is suing the Six Flags amusement park in Jackson, New Jersey over the Bugs Bunny Camp Carousel, alleging the ride caused his son to lose his balance and hit his head.
New Hedge Fund Strategy: Dispute the Patent, Short the Stock
Walter Olson | Overlawyered
Like a sports team getting to bet on its own game? “A well-known hedge-fund manager is taking a novel approach to making money: filing and publicizing patent challenges against pharmaceutical companies while also betting against their shares.”
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