In the News

Sexual Misconduct at Work, Again

From 10/07/2019.

"Corporate scandals led companies to implement mandatory arbitration agreements. But that made it easier for them to cover up the problem, and harder for victims to be heard. The repercussions continue to affect the workplace today."

Read the full article here.

House Passes Bill to End Forced Arbitration

From ThinkAdvisor: 9/20/2019.

"Mandatory arbitration "allows large corporations to systematically evade accountability when they break the law," added American Association for Justice CEO Linda Lipsen, in a separate statement. “When this bill passes both houses of Congress, corporations will no longer be allowed to immunize themselves and silence employees, consumers, nursing home residents, sexual assault survivors and victims of financial fraud."

House Votes To Ban Forced Arbitration

From HuffPost: 9/20/2019.

"The U.S. House on Friday voted to ban forced arbitration, the increasingly controversial ― and common ― practice of forcing consumers and workers into secret courtrooms where they have no access to a jury and far more limited rights than in the public justice system."

Read the full article here.

The Secret Courts Companies Use To Evade Justice

From HuffPost: 9/10/2019.

"The new report from the American Association for Justice shows that not only do companies typically emerge victorious from arbitration, but, perhaps more damning, they rarely even have to use the process."

Read the full article here.

Lawmakers want to give Americans back their right to sue companies

From CNBC: 9/10/2019.

"The House of Representatives Judiciary Committee on Tuesday afternoon passed a bipartisan bill, the Forced Arbitration Injustice Repeal Act, that would end forced arbitration. Experts say they expect the legislation to pass in the full House as well."

Read the full article here.

Mandatory Arbitration Enables Sexual Harassment

From Bloomberg: 5/12/2019.

"Earlier this year, Democratic lawmakers introduced the FAIR Act. This would prohibit mandatory arbitration as a condition of employment and let employees choose how they want to resolve a dispute. Industry groups are opposed, but Republican resistance to the idea seems to be weakening, in part because of the outcry over sexual harassment. It’s about time: Congress has an especially poor record as an employer in this regard, and needs to heed public opinion on the matter, both as a law-making body and a place of work."

Chase says arbitration ‘provides better outcomes’ for consumers. Nope, say researchers

From the Los Angeles Times: 5/3/2019.

"JPMorgan Chase is notifying more than 40 million credit card holders that from now on they’ll have to arbitrate any disputes, forgoing the option of filing a lawsuit or joining class-action suits."

Read the full article here.

CalPERS, Colorado pension fund want a say in mandatory shareholder arbitration case

From Reuters: 5/28/2019.

"The pension funds for public employees in California and Colorado have moved to intervene in New Jersey federal court litigation that marks the first court test of the legality of mandatory shareholder arbitration. The intervention motion, filed by Deepak Gupta of Gupta Wessler, Salvatore Graziano of Bernstein Litowitz Berger & Grossmann and Marc Gross of Pomerantz, sends a strong signal that the New Jersey case could have major implications for shareholder class actions."

Antitrust data reveals vital role of private actions, illustrates need to pass FAIR Act

From the The Hill: 5/28/2019.

"Arbitration clauses are buried in the fine print of everything from nursing home admissions forms and credit card contracts to online click-through “agreements.” Often consumers and small businesses unwittingly give up their right to go to court to hold wrongdoers accountable and recover their losses. Instead, victims are forced to seek redress before secret arbitration panels chosen and paid for by the very corporations that break the law."

Congress Should End a ‘Harsh and Unfair’ Rule That Blocks Troops From Court

From the New York Times: 5/3/2019.

"A 1950 Supreme Court decision makes it impossible for service members to recover damages from the government for negligence or misconduct they suffer while serving."

Read the full article here.


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