February 2013 | Take Justice Back

February 2013

SCOTUS to Decide if Corporations Can Grant Themselves Complete Immunity from Federal Laws

Corporations want a get-out-of-jail-free card for cheating small businesses and individuals 

Washington, DCThe U.S. Supreme Court will hear oral arguments today in a case that could provide corporations with unfettered power to evade federal laws by keeping small businesses and individuals out of the courts and forced into a rigged arbitration process. In the case, American Express Co. v. Italian Colors Restaurant, SCOTUS will decide if corporations can force arbitration on small businesses and individuals, even when it can be shown that the cost of forced arbitration would make justice unattainable. 

Forced arbitration occurs when corporations insert a clause into the fine print of contracts stating that all disputes must be resolved on an individual basis in a private system designed by the very corporation the claim is against. 

Film Spotlights Denied Justice for Military Members

Rachel Natelson, Legal Director at the Service Women’s Action Network, penned an op-ed for TIME magazine on the Oscar-nominated documentary The Invisible War. This documentary highlights how current law eliminates fundamental Constitutional rights for active duty military. 

SCOTUS to Decide if Corporations Can Grant Themselves Complete Immunity from Federal Laws

The U.S. Supreme Court will hear oral arguments on Wednesday in a case that could provide corporations with the power to evade federal laws by keeping small businesses and individuals out of the courts and forced into arbitration.  In the case, American Express Co. v.

Schwab's Class Action Ban Threatens Investors' Rights

A Financial Industry Regulatory Authority (FINRA) hearing panel ruled yesterday afternoon that Charles Schwab can ban clients from bringing class-action lawsuits. If this decision stands, other corporations could follow and investors’ financial stability will be at risk.  

Will cruise passengers be victimized again – by forced arbitration

This post was originally published on the Alliance for Justice’s blog and can be found here.

As they suffered in sweltering heat, walked through sewage and defecated in plastic bags, some of the passengers aboard the Carnival Cruise Lines ship Triumph probably were thinking “At least when we finally get home we can sue the b-----ds.”

The Carnival Triumph in happier times (including working toilets) Well, they can try – and some already have. But the U.S. Supreme Court has made it a lot harder than it should be.

Avery's Heartaches

Avery de Groh, now 9 years old, is facing an all too familiar anguish: her life saving heart defibrillator has again been recalled. Stuck with the impossible decision of leaving a faulty device in their child or risk an intense surgery to take it out, the de Groh’s are wrestling with what to do. While unnecessary shocks and a second recall are alarming enough, more so is the fact that the de Groh’s learned about this recall a year after the fact through a chance newsletter. But the medical devices industry enjoys near total immunity from being taken to court if their devices were once approved by the FDA.  The result is a financial and emotional burden for the de Groh’s, who have already paid once for such a removal surgery and will be forced to pay out of pocket yet again.