US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

“The road to hell is paved with good intentions.”…Karl Marx

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

People around me and online may try to put me in a nice neat box such as Republican.

I do not fit.

What I am is an American who adheres to the US Constitution and rule of law.

I am not against arbitration on principle. Mutually agreed to.

I am against forced, mandated arbitration which strips away one of our basic rights.

Our day in court.

From the New York Times.

“Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.

Writing for the majority, Justice Neil M. Gorsuch said the court’s conclusion was dictated by a federal law favoring arbitration and the court’s precedents. If workers were allowed to band together to press their claims, he wrote, “the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace.”

Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.”

Justice Ginsburg called on Congress to address the matter.

Brian T. Fitzpatrick, a law professor at Vanderbilt University who studies arbitrations and class actions, said the ruling was unsurprising in light of earlier Supreme Court decisions. Justice Gorsuch, he added, “appears to have put his cards on the table as firmly in favor of allowing class actions to be stamped out through arbitration agreements.”

As a result, Professor Fitzpatrick said “it is only a matter of time until the most powerful device to hold corporations accountable for their misdeeds is lost altogether.””

“Under those contracts, Justice Ginsburg wrote, it is often not worth it and potentially dangerous to pursue small claims individually. “By joining hands in litigation, workers can spread the costs of litigation and reduce the risk of employer retaliation,” she wrote.

The contracts may also encourage misconduct, Justice Ginsburg wrote.

“Employers, aware that employees will be disinclined to pursue small-value claims when confined to proceeding one-by-one, will no doubt perceive that the cost-benefit balance of underpaying workers tips heavily in favor of skirting legal obligations,” she wrote, adding that billions of dollars in underpaid wages are at issue.

Justice Ginsburg added that requiring individual arbitrations can produce inconsistent results in similar cases, particularly because arbitrations are often confidential.”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””

Read more:

https://www.nytimes.com/2018/05/21/business/supreme-court-upholds-workplace-arbitration-contracts.html

Having experienced the abuse of mandated arbitration first hand, I agree with Justice Ginsburg.

It may be the only time it happens, but injustice is injustice.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

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36 responses to “US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

  1. citizenwells

    “A June 2012 survey by the National Association of Consumer Advocates (NACA) demonstrates:
    pre-dispute arbitration clauses are depriving consumers of their rights; fewer cases are being brought as consumer claims are suppressed by companies’ increased use of forced arbitration clauses.”

    http://eachstorytold.com/2018/06/24/arbitration-clauses-are-depriving-consumers-of-their-rights-june-2012-naca-survey-consumer-claims-suppressed-by-companies-increased-use-of-forced-arbitration-clauses-84-of-attorneys-had-re/

  2. oldsailor86

    CW…….
    ………..it is clear that the right to trial has been unavailable to both FLYNN, and Manafort. Manafort is currently being ILLEGALLY held in SOLITARY CONFINEMENT. The allegations against him are past the statute of limitations. If he survives this he should sue the living manure out of each and every one of the bastards who were involved. While neither Flynn, nor Manafort are CONSUMERS as such, it goes without saying they both are being GROSSLY deprived of their basic rights under the Constitution. It would seem to me that President Trump should have immediately moved to see to it that neither FLYNN, nor Manafort were deprived of their rights to a trial. Trump is TOP DOG and as such he has the power to act against unconstitutional imprisonment. I pray that the bastards responsible are themselves rewarded with some lengthy slammer vacations……..but I AM NOT HOLDING MY BREATH!!! OUR ALLEGED GOVERNMENT HAS LONG AGO GONE ROGUE……..AND NOW UP IS DOWN!!!

  3. oldsailor86

    CW……….
    ………I think you are right about arbitration. When you file a civil lawsuit for personal injury the first words of advice from your attorney will include the word ARBITRATION………and YES the process of arbitration does in fact erode the rights of the victim. You sue for $1 million dollars ,and after arbitration you will be lucky to recover $1000.00…….but your attorney will get every nickel he bills for.

  4. citizenwells

    oldsailor, I am becoming an “expert” on arbitration.
    Will be writing more & exposing this travesty.

  5. Hello……..Is this NEWS or Fake News
    John McCain To Resign Senate Seat on the 4th of July, Says Aide. Cindy McCain Offered his Seat

    Former Republican Nominee for President wants to avoid a defeat for Trump’s SCOTUS nominee

    Cindy McCain has been offered her husband’s Senate seat

    Senator John McCain will resign his US Senate seat on July 4, 2018, says an aide who asked not to be named because he was not authorized to speak to the press.

    “In the end, it was about Kennedy resigning from the Supreme Court,” said the aide. “Confirming a (SCOTUS) replacement before the election is considered in the interest of the national Republican party, so that it doesn’t become an issue for Dems to run on in every race,” said the aide, meaning every race for Senate or Congress.

    The Aide indicated that the Senator wanted to wait until June 1 to resign, so that his seat would not be on the ballot along with retiring Jeff Flake. Republican Gov. Doug Ducey will appoint a Senator to serve until the 2020 election.

    The aide said that Ducey has quietly offered McCain’s seat to Cindy, but the 64 year old wife of Senator John McCain has made no decision as of yet. “Understandably, she doesn’t want to think about it,” he added.

  6. oldsailor86

    CW………
    …………thanks to mandated arbitration, my wife was royally defrauded. Her own attorney waited until the judgement was almost at hand then he done a 180 against his own client. My wife suffered permanent neck injuries at C-4, and C-5 of her cervical spine, when we were rear ended by a distracted driver. This occurred in 1999. She was employed as a LPN, and resultant of the neck injuries was unable to perform some of her required duties at her place of employment. She sued both the insurance carrier, and the person responsible for the accident in the amount of $500,000.00 dollars. She was forced to give up the balance of her expected career which then equaled an income of OVER the amount sued for. This included both compensatory,and punitive damages. When this suit was adjudicated the judge required ARBITRATION. After all of the LEGALISE,AND WORD TWISTING was over they told Delores that she would not receive a dime over $20,000.00. She was forced by the injury to take retirement at 67 which she hadn’t planned on until she was 72. This translated into a SS loss as well. Over my advice she decided to take the $20,000.00 instead of continuing in a courtroom. I am sure that she would have been successful in recovering at least $250,000.00, but she let them BROWBEAT HER. I was not allowed to share in the lawsuit. I was uninjured in the crash……the back of my seat done what it was designed to do ……it fell backward on impact which diminished the thrust of the forward energy from the impact. She was driving at the time and her seat back did not fall backward. We were then in a 1988 Ford Aerostar which was not equipped with head rests. Her head was snapped backward severely. Xrays showed a severely herniated disc at C-4, and C-5. Today she has limited sideways head movement…….and her doctor says this will become even more restricted as she gets older. YES she received a royal SCREW JOB which her attorney could have prevented…….but DIDN’T. A classic example of MANDATED ARBITRATION which equals BS.

  7. oldsailor86

    fhl………..
    ………..I can remember Sanford and son whenever I hear somebody suddenly exclaim…….” OBOY THIS IS THE BIG ONE”,AS HE HOLDS HIS HANDS OVER HIS HEART.

  8. citizenwells

    Thanks oldsailor for your story.
    Sorry you went through that.
    You will know mine soon enough.

  9. Carol White

    Arbitration sucks! Been there done that!

  10. oldsailor86

    CW………
    ……….btw with respect to the loss Delores suffered……..she was earning at the time $23.00 per hr. After doing the math on her total losses minus the paltry $20,000.00 was still huge. I was unable to find a lawyer anywhere who would help her re negotiate her claim. All the lawyers told her that MANDATED ARBITRATION is really designed to protect INSURANCE COMPANIES from excessive losses. They don’t give a damn about the victim.!!!!

  11. citizenwells

    Oldsailor.
    Thanks again.
    My research confirms your experience with attorneys.

  12. Truefreedom

    It seems, if employee/consumers want their right to a day in court maybe they should not decide to work for a company that has written papers against such ability, let alone the employee/consumer decides to sign the paper? Personal choice and responsibility starts well before this supreme court ruling. Seems people need to get a spine and stand for what they want instead of taking a job or entering agreement because they want what the best parts of the situation but then want to go back on what they agreed to because one of the less then best parts comes into play.

  13. oldsailor86

    CW………..
    ……….legal fleegles tend to use the word “EXPEDIENT” a whole lot. When you hear this word exit your attorney’s mouth it is time to fire him and hunt for another attorney. Any attorney who uses this word will probably be pursuing his own interests ahead of those of his client.!!!!

  14. oldsailor86

    True Freedom…….
    ………..RIGHT you are! These days far too many Americans DON’t READ, THEY JUST SIGN.ON THE DOTTED LINE.

  15. I feel there are problems on all sides of this issue. No question that arbitration can lean towards the company’s side.
    But there are massive problems with class action law suits, too.
    The trial lawyers are one of the biggest contributors to the democrats coffers. That needs to be kept in mind when a dem politician speaks of the benefits of class action law suits. But the biggest problem with class action suits is that it is many times, if not most times, just a great big funnel of cash to the trial lawyers, while the people in the class action receive things of dubious value.
    For example, if there is a class action on the part of flyers against an airline and the lawsuit wins, here is the general makeup of the proceeds:
    1 a great big pile of cash that goes to the lawyers, of which they funnel a hefty portion back to democrat pols coffers.
    2. No Cash to the people in the class action. They receive a coupon for a percent off on their next fly that they book and pay for on that airline. Iow, you get something if you buy more product from the airline. If you don’t, you get nothing.
    It works like this in many class action type of lawsuits. The only people who really get paid are the lawyers, and the people get something that is supposed to be “of value”. Then the lawyers publicize the win by taking the total number of people in the suit and multiplying it by the “of value” and claim that is how much they won. Even though many people are never going to buy another ticket or whatever, let alone that they got no cash.

    Arbitration has it problems, but class action lawsuits are a terrible alternative.

  16. oldsailor86

    fhl……….
    ………..probably it is time to put Mzzzzzzzzzzzz. Waters, and Mzzzzzzzzzzzzzz Pelosi in straight jackets, and put both on the EXPRESS BUS to the nearest BOOBY HATCH.

  17. oldsailor86

    fhl………..
    ………..you are right on the money regarding CLASS ACTIONS.

  18. oldsailor86

    WHEN THE COURTS……..
    …………..order mandatory arbitration, they are really saying we don’t want your personal injury case in our court room. Many of the judges were supported by big business, who sometimes are the big insurance underwriters. One reason why they now push ARBITRATION. The victim will be lucky to recover 1/10 of what he/she sued for.

  19. oldsailor86

    fhl………..
    ………there is sometimes benefits from a class action which is designed to SAC a CEO by the board of directors………particularly when there is no other legal option to get rid of him.

  20. The new dems are just like the old ones. You can see the crazy in their eyes.



  21. citizenwells

    Truefreedom.
    Mandated dispute resolution was not in the contract I signed!!!!
    It was added 14 years later & because it is a “fraternal” org generally deemed ok.

  22. oldsailor86

    fhl……..
    ………….I have always said look into a person’s face, and digest what your own mind tells you either IMMEDIATELY or very soon thereafter. The lunatic left all look alike, their STARING, BLANK ,FACIAL EXPRESSIONS tells it all. Most of the lunatic left haven’t a clue that their faces are connected to their minds in ways that they have no control over. The widened eye set, and the hanging jaws, reflect a stressed mentality……….always has, and probably always will. People who learn this early in their lives will ultimately be able to figure people out without them having said a single word.

  23. Carol White

    This I hope is a little two year old girl found safe in the woods…

  24. Carol White

    Delores, oldsailor 86, Mr. Wells and others is what lawyers do is the scare tactic to make you sign. They first drag it on and on. When I ask when it would be over I got no reply but when I stated you are going on vacation and I am still in limbo my female lawyer got teed and I stood my ground when she tried to make me apologize Almost four years!!!!

  25. citizenwells

    Carol White.
    Stay tuned.

  26. oldsailor86

    Carol White………
    …………Hopefully police along with a psychiatrist will interview the mother of this toddler. While it is only speculation that the mother was responsible for the child’s exposure it goes without saying that the mother should rightfully be interviewed at length……..but it is also possible that a 2 year old child might wander off. It has happened before and this little girl will probably not be the last. I am overjoyed that she was found so quickly. She could easily have fallen into a crevasse some where and never found. We have a neighbor who has two little girls ….one of whom is 3 years of age ,and her sister is coming up on 5 years of age. In the heat of the day over the last few days here in Fort Wayne, we have rigged a hose nozzle so that it squirts water into the air, so that the kiddies can play safely on the lawn……..sort of like artificial rain. The kids seem to really enjoy getting soaked, and it is a real joy for my wife and I as we watch them play.

  27. oldsailor86

    FOOD FOR THOUGHT………..
    …………….will Cohen tell prosecutors something which they can use against President Trump? I personally think NOT. First of all it would have to be something that the truth of which can be proven beyond reasonable doubt. I seriously doubt that he has knowledge of anything that could damage the President. After all that is being charged occurred long before Trump became POTUS. That said anything he might tell the prosecutors might be a LIE…….which if later is PROVEN to be a lie………..would rebound on both the prosecutors and Cohen. If he fabricates something which they can’t prove they will lose a lot of time trying to turn it into something they can prove. Time is of the essence. I believe that he will end up being treated like Manafort who is still in solitary confinement, yet he has had NO TRIAL,NOR HAS HE BEEN PROVEN GUILTY OF ANYTHING. Manafort had every right as a US Citizen to involve himself with BUSINESS DEALINGS in the Ukraine. The Ukraine was not off limits to anyone. Rightfully he cannot be charged with a crime because he chose to keep the profits in the Ukraine. Hopefully he will be freed, and soon thereafter he should file a lawsuit against his captors for $1,000,000.00 a day for everyday he is held in illegal confinement. The filthy person who brought this confinement upon him also needs to be sued for exactly the same. Hopefully the person who ordered his confinement will HIMSELF/HERSELF be so confined for the same exact period of time and hopefully in the same exact solitary cell. This sort of act against an untried person is inexcusable, and that person should be prosecuted for failing to allow Manafort his Constitutional rights.
    The entire liberal Democratic party has gone off the deep end. They are now all completely unhinged, and babbling their rabid, maniacal,
    invectives as they foam at the mouth. Mr SHOE-MARE is one of the lunatics. Mzzzzzzzzzzzzzzzz. PEE LOUSY is another, and certainly the black female Congressperson who advocates making Trump associates uncomfortable is another twisted liberal moron. This will all morph the BLUE WAVE INTO A RED WAVE IN Novenmber.

  28. CNN finds out they promoted something wildly unpopular.

  29. Facebook told Congress they are a tech company, not a media company:

    Mark Zuckerberg: Facebook is a technology company, not media …
    https://www.cnbc.com/…/mark-zuckerberg-facebook-is-a-technology-company-not-m…
    Apr 11, 2018 – Zuckerberg tells Congress Facebook is not a media company:

    In Court case, Facebook says they are a media and publishing company:

    Is Facebook A Publisher? In Public It Says No, But In Court It Says Yes (G.)

    Facebook has long had the same public response when questioned about its disruption of the news industry: it is a tech platform, not a publisher or a media company. But in a small courtroom in California’s Redwood City on Monday, attorneys for the social media company presented a different message from the one executives have made to Congress, in interviews and in speeches: Facebook, they repeatedly argued, is a publisher, and a company that makes editorial decisions, which are protected by the first amendment. The contradictory claim is Facebook’s latest tactic against a high-profile lawsuit, exposing a growing tension for the Silicon Valley corporation, which has long presented itself as neutral platform that does not have traditional journalistic responsibilities.

    —————————————————————————————
    Why are they allowed to get away with this flagrant lying to congress, all while special councils are hounding republicans to death?

  30. oldsailor86

    AND SOON………
    ………….harassment will become violence. It is time for public officials to ARM themselves. When the STINKING A$$ED, NOSE PICKING POS HIRED GOONS begin their violent harassment of officials the officials body guards need to either respond by re shaping the heads of the BASTARDS doing the harassing, or shipping all of them to solitary confinement. When the goons show up with weapons, and display them any armed public official would be justified in defending himself/herself by putting .45 cal holes in their attackers.
    Our government had better get a handle on the HARRASSMENT BS soon and begin making examples of those who publicly CALL FOR IT……….male or female, black or white. Time to reward them with extended SLAMMER VACATIONS IN SOLITARY CONFINEMENT. If Paul Manafort can be illegally held in solitary confinement in prison then such confinement is OK for those who advocate, and/or incite violence. Time for the advocates of violence to be held in solitary confinement. Lets see if they enjoy it.

  31. oldsailor86

    fhl………
    ………..Zukerberg is an individual who thinks UP is DOWN. This is a typical affliction of sick, twisted liberals.

  32. oldsailor86

    I BELIEVE ……..
    ………….that America will soon see open anarchy on our streets, as the low IQ snot noses begin their idiotic campaigns for SOCIALISM. When they scream for socialism it is time to ship all of them to Venezuela where they can live their FANTASY..

  33. oldsailor86

    AND………
    ……..a large percentage of our so called college grads, aren’t capable of RATIONAL THOUGHT……….their minds have been deliberately twisted by the COLLEGE WORDSMITHS, to believe that Socialism will REWARD them with a bountiful life. We are in a genuine struggle which could lead to the loss of our entire way of life if the snotnoses are allowed to instate their twisted beliefs………and now we have both an avowed Nazi, and a MORONIC FEMALE ADVOCATE of SOCIALISM running for Congress. I believe that our half witted society will indeed elect them. Soon thereafter, America will become an oversized Venezuela. This is why I believe that even President Trump will be unable to change the direction that our SICK,TWISTED, and MORALLY BANKRUPT SOCIETY is taking America. The only people who will be able to change this direction are those who know the truth, and stand armed, and ready to defend our way of life. Our sick twisted morons will learn an extremely painful lesson when it begins. Our country is now SERIOUSLY divided, and a country divided cannot stand. Abraham Lincoln knew this which is why he uttered such words.

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