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Credit Repair Organizations Act to Protect the Public

Credit repair clinics generally promise consumers that they will permanently remove negative information from credit reports, for a fee. A record of bankruptcy will appear on an individual’s credit report for 10 years, which can make the promise by credit repair clinics to remove such negative information from consumer reports…

Crashworthiness of Cars and Product Liability

The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general provided by state laws. As a consequence, the nature, extent and procedures connected with this…

Recovery for Injuries Caused by Design Defects

“Product liability” is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is…

The Effects of Restrictive Covenants on Land Use

Zoning laws and ordinances are the chief method that local governments employ to regulate the use and development of property. Similar results can also be achieved by private persons or entities through the use of “restrictive covenants” sometimes called “covenants, conditions and restrictions” or “CC&R’s.” Restrictive Covenants A covenant is…

ILSFDA Protects Individuals from Land Sale Scams

Prompted by an increase in land sale scams in the 1960’s, Congress passed the Interstate Land Sales Full Disclosure Act (ILSFDA) in 1968. Administered by the Federal Department of Housing and Urban Development (HUD), the ILSFDA regulates transactions involving the sale or lease of undeveloped land through the U.S. Mail…

Tenant Rights and Responsibilities

Due to the nature of landlord-tenant relationships, it is not surprising that they can often become contentious. To prevent or address problems between landlords and their tenants, the federal government and many states have enacted laws which provide housing regulations. For example, the federal Fair Housing Act governs many rental…

Parents of Injured Children and Recovery of Consortium Damages

Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium damages,” these awards are intended to compensate the parent for the loss of affection, love and companionship that results from a child’s…

Use of Expert Witnesses in Litigation

Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case may be the first recorded use of expert testimony. In…