Legal Research Blog

 

Vermont Rules No Recovery For Pet Loss

The Vermont Supreme Court dismissed pet owner claims following the deaths of two cats who were being treated for hypertension. Two questions were at issue in this case:

1) Whether noneconomic damages are available when a pet dies due to negligent or wanton acts of veterinarians

2) Whether a claim for negligent infliction of emotional distress is available where a pet dies while its human companion is in the zone of danger.

The Court ruled that the plaintiffs failed to demonstrate any reason why public policy should support recovery for noneconomic damages related to the death of a pet. It reasoned that under law, people may only recover for the loss of their next of kin (which bars recovery for the loss of a grandchild, for example).

The Animal Health Institute submitted a “friend of the court brief” stating that allowing this type of recovery will increase the cost of pet care and will disadvantage all pets. In it’s post-verdict statement, the AHI commended the Vermont Supreme Court pointing out that owners can already be compensated for out of pocket expenses.

Read the opinion on Fastcase here.

Source: PR Newswire

FTC Shuts Down "One of the Most Aggressive Telemarketing Schemes" Ever Encountered

Wondering what the Federal Trade Commission has done for you lately?

If you’re like millions of Americans who’ve recently received “robocalls” about an extension on your vehicle warranty, rest assured that the FTC is asking a federal court to shut down the allegedly deceptive promoter and telemarketing companies responsible for the calls. In its complaints, the FTC contends that the scheme uses random and prerecorded phone calls to deceive customers into thinking that their auto warranties are about to expire. The complaint goes on to allege that those who respond to the calls encounter live telemarketers who portray the product as an extension of the manufacturer’s original warranty when it is really a vehicle service contract.

On Friday, U.S. District Court Judge John Grady signed an order barring Network Foundations and Voice Touch Inc. from continuing the calls.

We’ve received dozens of these calls at Fastcase — and we’re pretty sure our auto warranties are current. Additionally, our team members and our friends also report being called at home and at work — some have even stopped answering their mobile phones because of this scam. The national “Do Not Call Registry” may not offer complete protection from telemarketing scams, but if you’d like to add your number, you can do so here: Join the National Do Not Call Registry.

Source: FTC Press Release

Armed but not quite dangerous

A North Carolina teen faces an attempted armed robbery charge based on an attempt that was most likely first of its kind. John Szwalla held-up a small store with just a banana a few days ago, but his pseudo-weapon was quickly discovered when the owner and other patrons were able to restrain him. Whether it was out of embarrassment or preparedness, the teen ate the alleged weapon before the police could arrive leaving only a peel as evidence.

While the North Carolina statute calls for the presence of a dangerous weapon for an armed robbery to occur, it appears the state uses a rather broad interpretation of this rule. In this case, the use of a relatively harmless object hidden in a manner to resemble a gun was enough to qualify as such. Whether the teen intended to harm anyone is questionable but the police have certainly taken a stance against such a prank.

Fastcase Webinar for NACBA, May 20th

Attention all NACBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.


Click here to register for your webinar at 1pm EST on May 20th, 2009.


Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

To you I leave my…passwords?

Debating who you’ll leave that beachfront property to? Forget your problems with tangible assets, a new trend is encouraging internet users to name beneficiaries for cyber assets. Whether it’s an online bank account, social networking page or virtual gambling network, these sites and related accounts have value to each user.
The idea came about to create an online lockbox of sorts that would contain every important password for each account considered of worth. After an elaborate verification procedure upon notification of death, those passwords would then be released to the designated beneficiaries.
Whether passing down the rights to passwords is a result of the poor economy or merely another sign of our increasingly cyber savvy society, the business is already expanding. Not only can you ensure your passwords land in the right hands, but you can also arrange for your final words to be sent via email after your death has been properly verified. Innovative? Or just plain morbid? However you look at it, chances are this process won’t be leaving us anytime soon.
Source: CNN.com
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