Lawsuit Over Customer's Off-Premises Assault Allowed to Proceed Against Convenience Store
"The question of whether Mac's Convenience ultimately bears liability for the off-premises assault in this case will be answered not through the duty prong of the negligence analysis," said Levy, "but under the fact-based inquiry of whether Castonguay can demonstrate that the duty was breached and that the breach was a proximate cause of Castonguay's injuries."
Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.
Appeals Court: Law Firm's Debt Collection Activities for Client Aren't Subject to Consumer Loan Law
"We hold that a law firm that prepares promissory notes or undertakes debt collection activity on behalf of a HOA client is not subject to the MCLL because it is not a 'lender' that is 'engaged in the business of making loans' under the provisions of the MCLL," Judge Brynja M. Booth wrote on behalf of the 7-1 majority. "Rather, a law firm is in the business of providing legal or debt collection services to its client."