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If a lawsuit is filed and the parties decide to settle before the case gets to court, how can you know what evidence each party found to support their case? You can’t. Chances are good the defendant requested the court to seal the documents, meaning it would not be available to other lawyers, journalists, or the general public.

Over the years, attorneys for corporations have managed to convince the courts their clients need protection from the public, rather than the other way around. The courts’ willingness to go along with this has only endangered consumers who were prevented from being made aware of things like the dangers of opioids, weak car roofs, or guns with faulty triggers.

Over the years, various legislators and judges have acknowledged there are problems with the current system of sealing court documents, but so far they have been either unwilling or unable to make the necessary changes to protect consumers.

When the first rules allowing judges to seal court documents were created, they initially allowed judges to decide which documents to shield by considering them on a case-by-case basis. The rules were later broadened to include anything with the potential to embarrass or annoy a corporation. Continue reading ›

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If you’re going to spend hundreds of thousands of dollars on something, especially when it comes to something like a classic car, it’s best to do your research and make sure you’re getting what you think you’re buying. Unfortunately, car dealerships have gotten better at hiding their tracks and making their fakes look legitimate. They’ll falsify everything from the title to the vehicle identification number (VIN) to make the sale look convincing, even when it’s not.

Adam Levine, the famous singer and songwriter who is probably best known for being the lead singer and guitar player of the band, Maroon 5, is also known for collecting classic cars. Now the pop star is making headlines for the lawsuit he’s filing against Rick Cole, a high-end car dealer who allegedly sold Levine a car that’s worth less than the $850,000 Levine allegedly paid for the car.

According to the lawsuit, Levine traded two classic Ferraris, a 1968 365 and a 1972 365, in exchange for a 1971 Maserati Ghibli 4.9 Liter Spyder plus $100,000 in cash.

With just 45 known to have been built, the Ghibli 4.9 Spyder is one of the rarest Maseratis in the world. As is often the case, the scarcity of the car makes it more desirable for classic car collectors like Levine. Unfortunately, that same desire can sometimes make people like Levine a target for scammers, as apparently happened when Levine made the alleged mistake of buying a car from Rick Cole.

It wasn’t until Levine tried to sell the Maserati to Autosport Designs, a car dealer in New York, that he realized the car was not all it had been made out to be. It turned out Autosport Designs had already sold another car with an identical VIN to the car Levine was trying to sell them. It wasn’t until that point that Levine had his team conduct further investigation into the origins of the vehicle and found it was not, in fact, a Ghibli 4.9 Spyder. Continue reading ›

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Scott Norris Johnson is a quadriplegic who used to work for the IRS and now practices law suing local businesses for failing to comply with the Americans with Disabilities Act (ADA). As the lawyer filing these lawsuits, Johnson is entitled to at least a portion of the settlement money he receives from these lawsuits, but he is required to report that money on his income taxes. According to a recent lawsuit, Johnson knowingly failed to report that income on his taxes, thereby defrauding the U.S. government of hundreds of thousands of dollars.

Johnson pleaded guilty to the charge of tax evasion and agreed to pay $250,000 in restitution and spend 18 months of home detention. The judge presiding over the case, John Mendez, insisted that Johnson be made to pay a fine in addition to the $250,000 in restitution and home detention. That was not part of the plea agreement, but Johnson agreed to pay the $50,000 fine Mendez wanted him to pay.

Mendez pointed out that the money is a drop in the bucket for Johnson, who has assets of $1.3 million and a monthly income of $81,000, thanks to all the ADA lawsuits he’s filing. Mendez was also concerned by Johnson’s lack of remorse for his actions, and pointed out that, were it not for his disability, he’d be serving up to three years in prison. Continue reading ›

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As a business owner, partner, or shareholder, complex disputes may arise that require efficient legal resolution. Choosing the right court to file suit can be more complex than one might initially think, especially in cases involving breach of fiduciary duty claims. A recent case from the US District Court for the Western District of Wisconsin, Bare v. Al. Ringling Brewing Co., Inc., 21-CV-642-JDP, 2022 WL 2315594 (W.D. Wis. June 28, 2022), demonstrates that complex issues of federal court jurisdiction may preclude bringing certain claims in federal court, even though that may be a more appealing jurisdiction than state court.

First, it is important to understand the choice you may face in deciding which venue to pursue a potential claim. In cases where there are multiple claims or causes of action, a plaintiff may have the option to file suit in federal court. Federal jurisdiction typically arises when the case involves a federal question, such as a claim arising under federal law, or when there is diversity jurisdiction – meaning that the parties are residents of different states and the amount in controversy exceeds $75,000. However, when there are also state law claims that arise from the same set of facts, the plaintiff must consider whether to litigate these claims in state court or to consolidate them with the federal claims.

One advantage of bringing all claims, both federal and state, in federal court is the possibility of greater efficiency in the litigation process. This is because federal courts often have more resources and can handle cases more quickly than their state court counterparts. Additionally, federal court judges tend to have more experience dealing with complex legal issues, which may be particularly beneficial in cases that involve intricate federal questions. Consolidating claims in federal court also allows for the resolution of all claims in a single forum, which can save time and resources for all parties involved.

On the other hand, there are potential disadvantages to bringing state law claims in federal court. Federal courts are courts of limited jurisdiction, meaning that they can only hear certain types of cases. If a federal court decides it does not have jurisdiction over the state law claims, the plaintiff may have to litigate these claims in state court, essentially splitting the case into two separate lawsuits. This can be both time-consuming and costly. Furthermore, federal courts will apply state law to state law claims, and there is a risk that a federal court may misinterpret or misapply the relevant state law, leading to an unfavorable outcome for the plaintiff. Continue reading ›

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In a recent 11th Circuit Court of Appeals decision, Warrington v. Rocky Patel Premium Cigars, Inc., No. 22-12575, 2023 WL 1818920 (11th Cir. Feb. 8, 2023), the court provided valuable lessons for partners, shareholders, and small business owners who may find themselves in disputes. This case serves as a cautionary tale, highlighting the importance of careful strategy and legal counsel when pursuing litigation or arbitration.

The dispute centered on Brad Warrington, a minority shareholder in Rocky Patel Premium Cigars, who wanted to divest from his holdings in the company. The buy-sell agreement between Warrington and Rakesh Patel, the majority shareholder, included an arbitration provision for any disputes arising out of the agreement. However, the case demonstrates how mistakes made during litigation can result in a waiver of the right to arbitration.

After years of disagreement over the value of Warrington’s shares and alleged improprieties by Patel, Warrington found a private buyer and notified Patel of his intention to sell. Patel refused to acknowledge the notice and subsequently sued Warrington in Florida state court, seeking a declaratory judgment and alleging breach of contract, among other claims.

While the state action was pending, Warrington sued Patel in federal court, bringing several counts, including breach of contract and breach of fiduciary duty. Patel moved to dismiss, remand, or stay the federal action, but the district court denied his motion. It wasn’t until June 2022 that Patel moved to stay and compel arbitration under the agreement. However, the district court denied this motion, finding that Patel had waived his right to arbitrate by initially filing in state court and moving to dismiss or remand Warrington’s federal action. Continue reading ›

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The Federal Trade Commission (FTC) recently proposed a new rule that could significantly impact the enforceability of non-compete clauses in employment agreements. This development could have far-reaching consequences for both employers and employees in Illinois and across the nation. In this blog post, we will provide an overview of the proposed rule and discuss its potential implications for employees in Illinois.

The FTC’s proposed rule aims to declare non-compete clauses as an unfair method of competition, thereby preventing employers from entering into new non-compete agreements with workers and requiring employers to rescind existing non-compete clauses. The FTC estimates that this rule could increase American workers’ earnings between $250 billion and $296 billion per year. Continue reading ›

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In theory, when people talk about online advertising, they could be talking about advertising on a variety of platforms. In addition to Google, each social media platform has its own advertising options. Amazon and Bing also have advertising. But for most people, online advertising is synonymous with Google Ads. Google has the largest share of online advertising by far, accounting for almost 29% of the total digital advertising revenue generated in 2021.

The U.S. Department of Justice, along with eight states, is suing Google for allegedly abusing its monopoly on digital advertising. According to the lawsuit, Google systematically aimed to control large portions of the high-tech tools involved in digital advertising so they could control the market.

By filing the lawsuit, the Department of Justice is hoping to force Google to sell all of its ad technology products, including the software it uses to buy and sell ads, the marketplace it uses to complete the transactions, and the service it uses to display ads across the internet. The lawsuit is also seeking to force Google to stop engaging in allegedly anticompetitive practices. Continue reading ›

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We’ve all heard stories of the plucky entrepreneur who started a game-changing business and managed to sell it for millions of dollars. It’s a great rags-to-riches story, and it proves the American Dream is real. But what if the business is fake?

Charlie Javice was one of those young entrepreneurs. The company she started was called Frank, and the idea was to simplify the financial aid process for college students. When JP Morgan bought the company from Javice in 2021, it was valued at $175 million, and Javice was made managing director for student solutions. Now JP Morgan is suing her for allegedly exaggerating the company’s value … by a lot.

College students are a goldmine for banks. Almost all college students need to take out a loan in order to pay for their higher education, loans they spend decades paying off while the banks collect interest.

A lot of college students are also taking out credit cards for the first time, and most of them have not been taught how to use credit cards to their advantage. Instead, they’re more likely to end up in debt to the credit card companies.

According to court documents, when JP Morgan bought Frank, Javice allegedly told the bank’s executives that the company had more than 4 million users. The idea was that, by buying Frank, JP Morgan would gain access to a database containing the names and contact details of all those users who would no doubt be in need of financial assistance and a bank to provide its services. Continue reading ›

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While the internal documents Elon Musk dumped onto Twitter turned out not to have been the smoking gun on Hunter Biden that Republicans had been hoping for, it did contain some information on Representative Adam Schiff that might lead to legal action.

According to the documents, Schiff lobbied Twitter to get a journalist, Paul Sperry, banned from the social media site back in the fall of 2020 during the first impeachment of President Trump. Sperry is a senior reporter for RealClearInvestigations.com and a columnist for the New York Post. He told Fox News that he was targeted by Schiff for reporting on sources Democrats were relying on during the impeachment trial. Continue reading ›

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The Telephone Consumer Protection Act (TCPA) imposes liability for calling or texting cellular phone numbers using an Automatic Telephone Dialing System (ATDS) without sufficient prior express consent. The TCPA defines an ATDS as “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” The TCPA creates a private cause of action and allows a plaintiff to recover statutory penalties of $500 per call or text in violation, or up to $1,500 for a knowing or willful violation. These statutory penalties have made the TCPA a useful tool for class-action plaintiffs’ attorneys seeking to hold companies liable for calls and texts over a four year statute of limitations period.

The Ninth Circuit has traditionally taken an expansive approach when defining what does and doesn’t qualify as an ATDS, extending the definition to virtually any kind of auto-dialer. Last year however, in Facebook, Inc. v. Duguid, the U.S. Supreme Court struck down the Ninth Circuit’s expansive approach to defining an ATDS, generally holding that an auto-dialer is not an ATDS if the numbers being dialed are from an existing list of specific numbers, such as from a database. Since Duguid, many TCPA defendants have argued that the definition of an ATDS requires that the random or sequential number generator be used to generate telephone numbers. Many TCPA defense attorneys also remained concerned that more liberal circuits, such as the Ninth and Second Circuits, might undermine Duguid’s conservative, defense-friendly ruling.

TCPA plaintiffs’ attorneys seized on a particular quirk in footnote 7 of the Duguid opinion where the Supreme Court addressed an argument concerning the overlapping of the “storing and producing functions” of an ATDS. In addressing a situation where an autodialer might not both store and produce numbers, the Supreme Court wrote: “For instance, an autodialer might use a random number generator to determine the order in which to pick phone numbers from a pre-produced list. It would then store those numbers to be dialed at a later time.” Plaintiffs’ attorneys have argued that companies that maintain customer contact lists and select which customers to contact on a given day using a random or sequential number generator are therefore using an ATDS. Continue reading ›

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