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February 06, 2012
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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?    
 
 
Alternative Dispute Resolution describes problem-solving processes

Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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Public Members Sought for Supreme Court Committee
The Supreme Court of Arizona is seeking applications for two non-attorney members for the Committee on Character and Fitness. This Committee is res...
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Numbering Among Its Clients Various AFL-CIO
The decision of the Board in Bodle, Fogel, Julber, Reinhardt and Rothschild, 206 NLRB 512 {1973), (herein Bodle), relied upon by the Regional Direc...
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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

Restitution

Definition:
A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer.

Malpractice

Definition:
A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services.

Impanel

Definition:
To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.

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