• Consumers,  Motor Vehicles

    CARFAX Should Publicize This One

    Image via Wikipedia CARFAX, a company that provides vehicle histories for automobiles (largely to used car buyers before the purchase) already runs some pretty clever ads on TV, so they don’t need any advice from me. But they might want to publicize this: Does the Motor Vehicle Information and Cost Savings Act (“the Odometer Act” or “the Act”), 49 U.S.C. §§ 32701-32711, and its implementing regulations, 49 C.F.R. pt. 580, allow a private right of action where the fraud relates to something other than the vehicle’s mileage—in this case, its accident history? *** [W]e conclude that the private right of action under the Odometer Act is limited to allegations of…

  • Appeals,  Consumers

    One for the Little Guy . . . So Far

    Professor Martin at California Appellate Report notes an interesting angle that I missed in Holcomb v. Wells Fargo Bank, N.A., case no. G037638 (4th Dist. Sept. 20, 2007): Holcomb is a pro se appellant who prevails against a corporate giant on the appeal. Mr. Holcomb succeeds in partially reversing the trial court’s order sustaining Wells Fargo’s demurrer. There’s still a long road ahead for his case, of course. Time to look for a lawyer, I think.

  • ADR,  Arbitration,  Consumers,  Contracts,  Labor & Employment,  Legal Writing

    Great Lawyers Can Write Unenforceable Arbitration Agreements

    I’m beginning to wonder if writing the perfect arbitration provision is something like understanding the rule against perpetuities. You all remember that case from torts class, don’t you? The court holds that an attorney can’t be liable for malpractice related to the rule against perpetuities because no one understands the rule against perpetuities. Hence, the attorney could not have violated the standard of care. A little over a month ago, the Ninth Circuit ruled in Davis v. O’Melveny & Myers, case no. 04-56039 (9th Cir. May 14, 2007) that the arbitration provision in the employment contract of a prominent, powerful L.A.-based law firm was unenforceable. Not just unenforceable, but “shock…