arbitration

Why Supreme Court Nominations Are One of the Most Important Issues for Working People

There’s a lot at stake in the 2016 presidential election. While U.S. Supreme Court nominations may not be the most headline-grabbing stories that come out of a presidency, they probably should be. With Supreme Court justices serving for life and having significant power in interpreting laws that affect our daily lives, the importance of court …

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The Right to an Unfair Trial

  This cartoon was originally posted on JenSorensen.com on November 09, 2015 and the TheDailyKos on November 10, 2015. Reprinted with permission. About the Author: Jen Sorensen is a political cartoonist, writer, and graphic journalist. Her work has appeared in the Village Voice, LA Times, Ms. Magazine, The Progressive, NPR.org, and alt-weeklies around the country. You can find more …

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Save the Seventh

The Seventh Amendment to the United States Constitution states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved …” Even though we are all granted the right to a trial by jury in the U.S. Constitution, Big Banks and corporations regularly …

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CFPB Hearing: Data on One Side, Empty Rhetoric on the Other

 In today’s era of Big Data, analytics, and sabermetrics, the cheeky motto “in God we  trust, all others must bring data” has never seemed more relevant. Well, in the arena of  mandatory arbitration provisions in consumer contracts the data is in, and the verdict is  clear: mandatory arbitration is unfair to consumers and harmful to …

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Outrageous Forced Arbitration Decision: Consumer Has to Arbitrate Case Involving Home Invasion and Severe Beating

I regularly hear consumer and workers’-rights advocates say this crazy thing to me: “the cases on forced arbitration are so bad, they can’t get any worse.” Um, wrong. A Missouri Court of Appeals recently issued a decision that bears me out on this point, in Johnson v. Rent-A-Center. In this case, an 88-year-old “neighborhood staple”, …

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Department of Defense Expands Ban on Forced Arbitration for Servicemembers

Today the Department of Defense (DoD) issued a new proposed rule expanding important protections to servicemembers and their families from predatory lending. The new rule closes the loopholes in the Military Lending Act (MLA) that allowed many financial services to fall outside the scope and protections of the law and put servicemembers at financial risk. In …

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CFPB Forced Arbitration Study To Go Foward As Consumer Survey Approved

Great news Monday. The Consumer Financial Protection Bureau can finally continue a crucial study on the effects of forced arbitration on consumers. Under the Dodd Frank Act, the CFPB has to complete a study as to whether the use of forced arbitration clauses by lenders is harmful to consumers. If the Bureau finds that forced …

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WORST SUPREME COURT ARBITRATION DECISION EVER

So, today, in American Express v. Italian Colors, the U.S. Supreme Court said that a take-it-or-leave-it arbitration clause could be used to prevent small businesses from actually pursuing their claims for abuse of monopoly power under the antitrust laws. Essentially, the Court said today that their favorite statute in the entire code is the Federal Arbitration …

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Employers: Be Careful What You Wish For – Your Motion to Compel Arbitration Can Lead to Expensive, Class-Wide Arbitration

In the wake of ATT Mobility v. Concepcion and Stolt-Nielsen v. AnimalFeeds,* many employers have sought to enact new arbitration agreements or to enforce arbitration provisions in older agreements to eliminate their employees’ ability to come together when seeking to vindicate their rights to enforce statutory protections for workers. Employers should be careful what they wish for, in …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.