Bill Introduced to Ban Forced Arbitration

Arbitration clauses in consumer transactions.   They are found in cell phone contracts and credit card agreements, but in more recent years have been venturing into online profiles for small businesses such as local gyms, children’s athletic teams, and even spas. What is forced arbitration? A forced arbitration clause is language within a contract that says
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Implications of Clicking “I Agree”

Terms and Conditions for online profiles.  They are long, tedious, and boring to read, especially in the excitement of scheduling a fitness class, a kid’s sporting event, or even a massage.  As online profiles become more common, even for local businesses, I began to look at them a bit more closely.  Here is some of
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  • Published in Law
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Insurance Bad Faith: What is that?

Someone makes a claim for workers compensation and follows all of the rules and requirements for doing so. That person notifies the insurance company that they have an upcoming surgery and are unable to work pending surgery.  The insurance company delays and does not send a denial letter explaining a valid reason for the denial
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Did you know… Murphy & Landon represents companies in patent infringement cases

Murphy & Landon has represented many pharmaceutical companies relating to patent infringement. Often relating to generic drugs, these lawsuits are typically put before the Federal District Court in Delaware. Several years ago, a U.S. Supreme Court decision, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, sharply limited where patent owners can choose to file their
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January: National Slavery and Human Trafficking Prevention Month

January is National Slavery and Human Trafficking Prevention Month and January 11 is Human Trafficking Awareness Day. These dedications bring to light modern day slavery that occurs quietly in our cities and towns. Human Trafficking is the use of force, fraud, or coercion to obtain labor or commercial sex acts. Human trafficking is often thought of
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How Judges Are Selected for Delaware State Courts to Remain Unchanged for Now

Article IV, § 3 of The Delaware State Constitution requires that the Delaware Courts be politically balanced based on registration in two major political parties. This constitutional provision was challenged in 2017 by a Delaware attorney. In December, the United States Supreme Court decided that the person who challenged the Delaware State Constitution’s provision requiring
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Tenants Can Fight Back Against Predatory Landlords

As the pandemic rages on, tenants must be more mindful of their rights to fight back against landlords who may seek to exploit them.  There have been reports of tenants sexually harassing tenants, sex-for-rent schemes and other attempts to exploit tenants. With the recent economic uncertainty, predators may seek opportunities to take advantage of their
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Case Inquiry: The Paralegal’s Role

When you need legal representation, one of the first people you will speak with is a Paralegal. Paralegals work with attorneys in advancing your legal claim, and a paralegal is typically the first person you will speak with about your claim. They will interview you. They will research and make phone calls. They will do
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Advocates Are Working To Extend The Periods Of Time During Which Survivors Of Sex Crimes Can Seek Justice

Sexual abuse can happen to a person of any age, gender or sexual orientation.   It can also be perpetrated by a person of any age, gender or sexual orientation. Survivors of sexual abuse have options to get justice for their injuries.  Survivors can choose to pursue the criminal justice system, civil justice system, both systems,
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Medical Malpractice Is A Leading Cause Of Wrongful Death And Permanent Injury In The United States

Studies estimate that medical errors are a leading cause of wrongful death in the United States.  Estimates of the number of patients who die each year due to medical malpractice vary, with one study reporting about 45,000 to 98,000 deaths annually in the United States, while another study reported a much higher estimate of 200,000
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