Updates

May 1, 2012 In Updates

Louisiana Supreme Court Rules Debt Collector Can’t Enforce Arbitration Award

In a 6-1 decision, the Louisiana Supreme Court ruled that a court can’t enforce an arbitration award against a consumer unless there is proof that the consumer agreed to arbitration.The ruling reverses an earlier trial court decision in FIA v. Weaver.Defendant William Weaver allegedly defaulted…

May 1, 2012 In Updates

Eminent Scientists Ask High Court to Allow Global Warming Restrictions on Power Plants

Representing 14 of the country’s leading climate change scientists, Public Justice today urged the U.S. Supreme Court to hold power plants accountable for their carbon dioxide emissions and allow states to impose restrictions on how much of the chemical compound may be released.The scientists’ amicus…

May 1, 2012 In Updates

Nevada High Court Finds Car Dealership’s Class Action Ban Unenforceable

The Nevada Supreme Court unanimously struck down United Hyundai’s motion to compel arbitration of a consumer’s lawsuit on an individual basis. The car dealership’s motion had previously been granted at the district court level. Now, consumers who have grievances against the dealership will be able…

May 1, 2012 In Updates

U.S. to Pay $1.95 Million to Family of Medically Neglected Immigration Detainee

The United States has agreed to pay $1.95 million to the daughter and estate of Francisco Castaneda, an immigrant detainee who died from penile cancer that federal authorities had refused to diagnose or treat during his nearly 11 months in their custody. Castaneda died in…

May 1, 2012 In Updates

Fourth Circuit Brief Challenges Giant Financial Institution JPMorgan Chase

On its corporate website, JPMorgan Chase makes a noble pledge: “We are committed to doing the right thing.” Public Justice is making it keep that commitment, having just filed its opening brief in the Fourth Circuit in Donna Epps v. JPMorgan Chase Bank.When Maryland resident…

May 1, 2012 In Updates

Arizona Federal Court Rejects Auto Maker’s Preemption Argument; Same Issue Being Considered in South Carolina

Most drivers don’t spend a lot of time thinking about what material goes into car windows; that’s the auto maker’s job. But in the event of an accident, those windows could mean the difference between life and death.In an Arizona case decided in June 2011,…

May 1, 2012 In Updates

California Team Wins Trial Lawyer of the Year Award for Case against Nursing Home Chain

A team of California attorneys has been named the 2011 Trial Lawyers of the Year by Public Justice. Attorneys Tim Needham of Eureka, Calif., Michael Thamer of Callahan, Calif.; Chris Healey of San Diego; and Michael Crowley, Patrik Griego and Amelia Burroughs, also of Eureka,…

May 1, 2012 In Updates

New Mexico Supreme Court Preserves Consumer’s Right to a Day in Court

The New Mexico Supreme Court has rejected a title lender’s attempt to force one of its customers into arbitration rather than take her case to court.The state’s high court ruled in the case of Kim Rivera, who had put up her $15,500 truck as collateral…

May 1, 2012 In Updates

Ninth Circuit: Federal Banking Laws Do Not Preempt California Debt Collection Statute

In Aguayo v. U.S. Bank, the federal Ninth Circuit Court of Appeals agreed with Public Justice that national banks cannot ignore state debt collection laws that protect consumers.Public Justice represented Jose Aguayo, who bought a car from a southern California dealership, which then assigned his…

May 1, 2012 In Updates

West Virginia Agrees to Clean Up 171 Abandoned Coal Mines

Running a coal mine isn’t cheap. And the costs don’t end once a mine stops operating.When mines are abandoned by private operators in West Virginia, the state’s Department of Environmental Protection is supposed to take over and clean up the sites. But the state has…