When ruling in cases of alleged defamation, courts have a number of considerations to keep in mind. Whether or not the alleged defamation has any basis in truth is only the first consideration. Courts must also weigh factors such as whether the plaintiff is considered a public figure or a…
While the law has struggled to catch up with the swift progression of technology in recent years, particularly the increase in internet use, many companies have taken advantage of the ease of acquiring consumers’ information. It is easier than ever for companies to gain access to an individual’s credit…
When a company is publicly owned, it needs to be aware that it has a responsibility, not only to its customers, but also to its shareholders. The recent class action lawsuits against Lumber Liquidators are good examples of this fact. Shareholders filed a lawsuit against Lumber Liquidators when it…
Although renters usually expect to pay through the owner of the property for utilities, they usually only expect to do so if it is specifically included in the lease. According to a recent class action lawsuit against Regus PLC and its subsidiaries, the company allegedly charged fees to its…
One of the requirements for filing a class action lawsuit is that the representatives of the class must have a complaint or complaints against the defendant which adequately represent the complaints of the rest of the class members. If a class representative (or representatives) is offered a settlement from…
When the Supreme Court agrees to hear a case, the decision that the Court reaches in that case can have long-standing consequences for future rulings in similar cases made by courts all over the country. In recent years, class action lawsuits have been particularly contentious in the courts. In…
When class actions are filed, courts need to consider all aspects of the class before determining whether or not it can be certified. This includes whether class members from other states have claims similar enough to the class members of one state, particularly in cases where the lawsuit is…
Most states have local statutes which have been put in place to protect consumers from deceptive and unfair business practices. However, courts must be careful to balance the needs of protecting consumers with the needs of sellers to market their wares. Just such a balance was considered in a…
Courts recognize that the government has an interest in regulating certain forms of speech. However, that interest does not cancel out each citizen’s right to free speech as granted under the First Amendment of the U.S. Constitution. When faced with a lawsuit brought under the First Amendment, the courts will…
In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) which specifically prohibits the use of auto-dialers in making calls to a wireless number without the prior express consent of the person being called. The only exception to this rule is in the case of an emergency. One of…