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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?
Health care insurers can be repaid from a personal injury settlement
It's quite common. Most health insurance policies now have language that allows the insurance company to be repaid for the amount paid out on medical bills if the insured person gets a personal injury settlement. Depending on the law in your state, your daughter may be able to deduct attorney's fees and costs from the total amount owed to her health insurer.
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Violation Of A Technical Rule
Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, a... Read more >
Definition:
Joint pain can be caused by injury affecting any of the ligaments, bursae, or tendons surrounding the joint. Injury can also affect the ligaments, cartilage, and bones within the joint.
Affidavit
Definition:
A written document which the signer swears to be true. The signer may swear under oath before a notary public ot other authorized official, or may make a declaration under penalty of perjury.
Auto Car Accident
Definition:
A simple fender bender car accidents an individual involved can suffer back and neck injuries that have a lasting adverse effect.
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