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July 20, 2010
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The Mere Violation Of A Technical Rule Has Often Been Deemed Sufficient For Legal Action And Recovery


Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, and high tax and regulatory burdens. Unfortunately, a certain litigation strategy threatens many companies in an environment ripe for abuse. California's Unfair Competition Law is unique in that it allows anyone to sue businesses for alleged unfair business practices, even if they have not directly incurred the alleged wrongdoing, and even if no one was actually harmed. The mere violation of a technical rule has often been deemed sufficient for legal action and recovery. For example, small nail salons are being targeted for using the same bottle of nail polish on more than one customer and a motorcycle shop was sued for abbreviating the words "on approved credit" (OAC) on a print ad. This shift from traditional tort law requirements, such as proving actual injury, has contributed to an atmosphere that is most appealing to practitioners of the art of shakedown. Some law firms threaten small businesses with suits unless they settle to avoid exorbitant fees and costs and limit risk of an unjust, arbitrary action. Many of the businesses targeted by these unfair competition suits or claims are small, minority owned businesses guilty, at most, of minor, technical, or administrative violations, often unknowingl

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Latest news about legal cases in Ohio and nationwide:

Presiding Judges Named In Fifth Judicial District
St. George, UT---Judge Michael Westfall has been named presiding judge for the Fifth District Court effective July 1, 2006 through June 30, 2008. J...
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Study Shows Progress of Women and People of Color Among Legal Professionals
WASHINGTON - A new study by the U.S. Equal Employment Opportunity Commission (EEOC) entitled "Diversity in Law Firms" reveals that women now compri...
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Respondent Vigorously Argues
Respondent vigorously argues that this Commission lacks jurisdiction because of the doctrine of preemption. We find the Respondent's reliance on th...
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Legal Terms

 


Today's Terms

Locus delicti

Definition:
The place of the offense.

Damages

Definition:
Money that a court orders paid to party (usually the plaintiff) who has suffered a loss by another party who caused the loss (usually the defendant).

No bill

Definition:
This phrase, endorsed by a grand jury on an indictment, means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge.

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Topics Related to Lawyers:

  • Personal Injury Law
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