Legal News

Consumers Beware - Pre-emption By Preamble Steals Your Legal Rights
Recent actions by federal regulatory agencies, combined with a U.S. Supreme Court decision are extremely troubling to consumer advocates...

PRE-EMPTION RIGHTS IN THE DUTCH CARIBBEAN
Prevent a shareholder from dilution According to article 2:106 of the Netherlands Antilles Civil Code shareholders have a pre-emption right on the issue of new shares, being the right to be offered any new issue in each class, pro rata to the number of shares of such class held by them...

Pre-emption
The New York Times has an article today about drug companies and their hopes for complete pre-emption for all tort suits once a drug receives FDA approval...

"The Dangers in Pre-emption: If the perverse legal doctrine of federal pre-emption continues to spread, the public will be deprived of a vital tool for policing companies."
"The Dangers in Pre-emption: If the perverse legal doctrine of federal pre-emption continues to spread, the public will be deprived of a vital tool for policing companies...

Knipe v. SmithKline Beecham: Paxil and pre-emption
A Philadelphia federal court has issued a decision that, in contrast to much recent jurisprudence, resolved FDA pre-emption issues favorably to tort plaintiffs...

Preamble Not Limiting in This Case (Despite Being Added in OA Response)
Symantec Corp. v. Computer Associates (Fed. Cir. 2008) The district court granted summary judgment of non-infringement to the defendant CA...

Can a collection acgency collection on a debt that has been removed from my credit report?
Send them a certified Verification of Debt letter. By law they have 30 days to s...

I signed myself out of a hospital because I thought the care was negligent. I am a nurse and know a great deal about medical care. I was in the hospital a year ago for less then 12 hours and they sent me a bill for over
If you can prove tha the care was negligen you need to get a lawyer and try to n...

I wrote a check to a business for some photos. I changed my mind about the purchase because I didnt feel comfortable with the cost. I notified the merchant and then immediately placed a stop payment order with my bank.
The primary recourse you have is to pay the merchant immediately for the debt yo...

Does the Truth in Lending Act apply to Student Loan agencies such as Sallie Mae?
Yes....

Are there any best practices for creating a records or data retention policy?

Different regulations require organizations to retain certain types of re...

Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.

Nursing Homes
Many state agencies have reported incidents of negligent care of nursing home residents resulting in death.