Articles, news & legal alerts

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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On Monday, upholding the Federal Arbitration Act’s (FAA) strong deference to arbitral decisions, the United States Supreme Court unanimously held, in Oxford Health Plans, LLC v. Sutter, that where an arbitrator interprets an arbitration agreement to include class arbitration, even if that interpretation is incorrect, it will be upheld.

July 1 is just around the corner

Are you ready for the new FMCSA Hours of Service regulations?

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The Federal Motor Carrier Safety Administration (FMCSA) has been clear that it will not delay the July 1, 2013 start date of the Hours of Service (HOS) regulations announced in December 2011. Here's a quick status of attacks to these new HOS rules and a summary of the changes, so you can be prepared.

Commercial Real Estate Leases

What dealers need to know about use provisions

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What happens if your franchisor terminates your franchise or business is so lousy that you can't make a go of it, but you still have two, three or as many as ten more years to go on your commercial real estate lease? Well, that depends.

Enforcing arbitration agreements

In California, unconscionability is still the battleground, but for how long?

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Dealers are under assault by consumers and employees who, in a still-recovering economy, too often use the court system as a bonanza to address their own economic troubles, unrelated to anything the dealer did or failed to do.

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Today, the FTC announced that it has issued final amendments to the Alternative Fules Rule, consolidating the labels required on alternative fuel vehicles (AFVs) with those required by the U.S. Environmental Protection Agency (EPA), eliminating the need for two different labels and reducing the burden on manufacturers and used car dealers of complying with the rule.

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As of January 1, 2013, trucks and 53-foot trailers operating in California are subject to more stringent requirements under regulations being implemented by the California Air Resources Board (CARB).

CFPB targets indirect auto lending practices

Is there a real problem or is the CFPB just flexing its muscle?

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Last week, the Consumer Financial Protection Bureau issued a bulletin on what it perceives as the "potential for discriminatory pricing" caused by the policies of some indirect auto lenders that allow auto dealers to mark-up lender-established buy rates and that compensate dealers for those markups in the form of reserve.

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