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Law

02
February
2011

Consumers right to sue for misleading claims

ALG REPORT | JAN 28, 2011

Consumers can now sue the companies or manufacturers for misleading claims made by them. This decision resolves a long overdue decision about the rights of consumers vs businesses over the scope of Proposition 64, a 2004 measure targeted to reduce lawsuits against businesses. Consumers who buy a product as a result of believing the misleading claims in advertising can sue the manufacturer even if the product was not defective, the California Supreme Court decided in a 5-2 ruling on Jan 24, 2011. It was a victory for consumers and supporters of Consumer rights said that the favorable decision will force the manufacturers to be honest about their claims and consumers will not be tricked.

The case involved a lawsuit against Orange County-based Kwikset Corp. for placing "Made in U.S.A" labels clearly visible on locksets. A trial judge determined the company was selling numerous products under such labels even though they contained foreign-made parts or were assembled in foreign countries. The company has stopped labeling the locksets the way it was done up until this decision.

Hopefully, this decision will pave the way for advertising that tricks consumers but cannot be labeled as unlawful. For example, some TV ads run the selling section of the ad with vivid imagination, colors, creativity but when it’s time to tell the consumers about disclaimers, disclosures or associated risks, the color and size of font is very small and almost illegible or if it is speech, then the speed is fast and without any intonation so consumers generally are unable to grasp the content or message as a whole. The company is following a law, but is clearly tricking the consumer.

Written by: Amerinde Law Admin Categories: Law

02
February
2011

New Canadian Permanent Residency Program

ALG Report | Jan 10, 2011

US H1B holders have a new and exciting opportunity to benefit from a new Canadian Permanent Residency Program.

Alberta Canada officially announced, in Jan 2009, that it had approved a Fast Track Program designed for U.S H1B workers to gain Landed Immigrant Status to Canada. The Alberta Immigrant Nominee Program (AINP) allows H1B workers who are currently employed in a H1B position that is listed as an occupation of high pressure can qualify for the Permanent residency with NO job offer or employer requirement.

Qualification Requirements for this program, an H1B worker must meet the following basic criteria:

1. Applicant must demonstrate a clear ability and intention to live permanently in Alberta

2. Applicant must be currently working in the United States and possess a valid visa in one of the following temporary skilled worker visa categories: H1-B, H1-B1, H-1C, E-3 at the time the AINP makes a final decision on the application

3. Applicant must have a minimum of one year of work experience in the United States in one of the qualifying visa categories listed above

4. Applicant must have an occupation on the AINP Occupations Under pressure List. (Download AINP List)

The Application Process consists of two independent applications. Initially, the application for the AINP will be filed with the Province of Alberta. The processing time is currently approx 6 months. Upon approval from Alberta, the application will be filed Federally with an approval of the Landed Immigrant Status currently takes approx 6 months. The entire process form commencement until Permanent Residency under this "Fast Track" program is taking less than one year.

Written by: Amerinde Law Admin Categories: Law, International

02
February
2011

Australia Temporary Business Visa

ALG Report | Dec 10, 2010

Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) | The Australian Government has announced fast-track processing of "Sub Class 457 Visa Eligible Occupations" applications specifically for reconstruction jobs in flood-affected areas, providing quick access to skilled overseas labour where local supply is insufficient. The subclass 457 visa provides a fast and flexible route for the entry of skilled workers to Australia. Under the program, a wide variety of skilled construction and engineering occupations are available for sponsorship, and employers can sponsor skilled workers for up to four years with no limit on the number of workers they sponsor.

The government is offering personalised assistance with visa applications to employers involved in reconstruction work so that they provide assistance to the reconstruction effort. Processing time by Government for eligible and completed applications by Government is 7 days.The 457 program is available to businesses of any size – in fact, the vast majority of sponsors approved for the 457 program are small to medium enterprises and allows approved applicant to stay upto 4 years without restrictions.

Written by: Amerinde Law Admin Categories: Law, International