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February 06, 2012
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In February, 2003, The California Attorney General Sued A Law Firm, Ironically, For The Unfair Business Practices


In February, 2003, the California Attorney General sued a law firm, ironically, for the unfair business practices of targeting thousands of small businesses with abusive lawsuits. Significant law changes are necessary. This year, nine bills were introduced to address the extortionist actions being inflicted against many businesses in California. Unfortunately, the Assembly Judiciary Committee killed three bills that included reform on a partisan vote and passed one piece of legislation that offers weak filing requirements and even increases the leverage for those filing these suits. They even failed to pass a measure aimed specifically at the extortion aspect of the current law. On May 13, 2003, the Senate Judiciary Committee also heard four unfair competition measures. Three would have resulted in meaningful reform law. Yet the committee failed to pass the measures that would have effectively addressed blatant abuse. In fact, SB 122 and AB 95 could worsen the situation by creating new incentives to sue businesses and reserve excess money paid by defendants for the ambiguous "promotion of justice." Regrettably, this could hearten the very people who are perpetrators of abuse. Both bills passed the Senate and Assembly with a very narrow majority and are awaiting a hearing in the opposite houses.

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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 Oklahoma and nationwide:

Law Day, U.S.A., 2006
This year's Law Day theme, "Liberty Under Law: Separate Branches, Balanced Powers," honors the wisdom of the separation of powers that the Framers ...
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Attorney General To Argue His First Case Before State Supreme Court
OLYMPIA - Attorney General Rob McKenna will personally present the state’s arguments next Tuesday in Madison v. State of Washington. It will be his...
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New members to the Committee on Professional Standards
Presiding Justice Anthony V. Cardona of the Supreme Court, Appellate Division, Third Judicial Department, recently announced the appointment of thr...
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Legal Terms

 


Today's Terms

Proximate cause

Definition:
A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court.

Material evidence

Definition:
Evidence that is relevant to the issues in a case.

Equity, courts of

Definition:
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continues to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law.

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