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December 2013 Archives

Attack on Target will bring flood of business litigation cases

Between the banks and Target, there are now a lot of eyes looking askance at each other. The recent debacle involving the theft of information from 40 million credit and debit cards will be a bell weather event for creating future standards. However, as always it's the little guy, the unlucky consumer struggling already with scarce cash during an expensive holiday season, who will typically bear the brunt of the personal suffering. The emergence of business litigation in California and other states between the banks and Target will give little relief to affected consumers.

Business litigation settlement finally closes 9/11 claim

It seems incredible that litigation stemming from the attacks on the World Trade Center on Sept. 11, 2001 could be just winding down this many years later. A report from Reuters indicates that the brokerage firm of Cantor Fitzgerald will be settling with American Airlines over losses suffered by the firm after American's Flight 11 hit the north office tower, which resulted in the death of 658 Cantor employees. Cantor is a worldwide firm which operates also in California. This is, however, an obviously complex and far-reaching piece of tort and business litigation, making it understandable that it could take this many years to work out.

Contract disputes could boil over if Chase allows data breaches

JP Morgan Chase just got one more problem to contend with. It seems that it has been contracting with states to send taxpayers' refunds, unemployment checks and other payments to recipients in the form of Chase debit cards. California does not seem to be one of those states. The setup supposedly allowed the governments to save money in postage, paper and mailing costs. In one state, however, contract disputes are brewing because computer hackers got into Chase's bank computers and stole the personal information on some 14,000 accounts.

Art collector brings breach of contract claim against gallery

When a contract disagreement cannot be resolved out of court, the complaining party will usually file a complaint in a state or federal court to start a lawsuit. In California procedure, the plaintiff lists in the complaint all reasonably possible legal theories of recovery, such as breach of contract, fraud and perhaps unjust enrichment. Legal procedure in all jurisdictions generally allows the listing of alternative claims in the complaint. It is left to the proof of the case to determine which of those theories, if any, will be applicable to provide relief.

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