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Editors’ Picks

Warranty disclaimer not sufficiently conspicuous (access required)

Product defect concept

Even though the owner’s manual for a pressure cooker contained a written disclaimer of the implied warranty of merchantability that stated all required text, a federal court has found the disclaimer was not conspicuous as a matter of law. “A ...

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Supreme Court: Emotional distress damages not available under Title VI, Title IX, other Spending Clause statutes (access required)

College student walking on campus

In Cummings v. Premier Rehab Keller, PLLC, the U.S. Supreme Court held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex discrimination), the Rehabilitation Act (prohibiting disability discrimination) and the Patient ...

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Marked up: Homeowners claim designer allegedly inflated expenses (access required)

A breach of contract claim brought by out-of-state homeowners against a Virginia interior designer has survived a motion to dismiss. The homeowners claimed the designer inflated expenses without their knowledge and that they had to spend tens of thousands of ...

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Retaining talent amid the Great Resignation (access required)

The Great Resignation — a massive reshuffling ongoing in the U.S. labor market — has created a new and very competitive economic reality in which American employers struggle to fill a record number of open jobs. According to the U.S. ...

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ID theft, fraud statute may be applied to witness tampering (access required)

Identity theft / cybersecurity

A federal criminal statute that prohibits the unlawful use of identification information may be applied to a defendant accused of tampering with a witness. Judge Norman K. Moon of the Western District of Virginia denied the defendant’s motion to dismiss, ...

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Men can’t testify as experts in own suit (access required)

Security guard in jacket

Two men who wanted to testify as security experts in their own suit against an amusement park were barred from doing so after a federal judge found that they “are not qualified by experience to offer expert opinions, nor have ...

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CEO’s renewed promise restarts contractual limitations period (access required)

Hourglass - concept of time passing

Where a sales contract contained a one-year limitations period for related causes of action, and the CEO of a party allegedly signed a document in which he admitted his company’s obligations under the contract and agreed to make monthly payments, ...

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