Here. An excerpt: The arguments in Spokeo Inc. v. Robins et al. took the usual pattern of the four liberal justices arguing for a broad interpretation of the Fair Credit Reporting Act and standing to bring claims under Article III and the conservative justices appearing to seek to limit companies’ exposure to court proceedings. In the […]
The New York Times published today the third and final part of its on forced arbitration. This installment, entitled "In Religious Arbitration, Scripture Is the Rule of Law," focuses on religious organizations' use of mandatory arbitration clauses to submit to "religious arbitration." For generations, religious tribunals have been used in the United States to settle […]
The New York Times headline "Metrojet Rules Out Technical Failure or Human Error for Crash in Sinai Peninsula" captures the gist of the article about the latest announcement from the Russian airline company whose plane crashed in Egypt over the weekend but doesn't flag the most important lesson for safety regulators. Notwithstanding the company's position, […]
The U.S. Supreme Court will hear this morning in Spokeo v. Robins, a case with important implications for a range of consumer protection statutes. The question before the Court, as framed by the company, is "Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not […]
The second installment of the blockbuster New York Times series on forced arbitration is here. The headline is "In Arbitration, a 'Privatization of the Justice System.'" Whereas the first installment was focused on the macro effects — how the Supreme Court's rulings have resulted in a massive suppression of claims by consumers and employees — this […]
by Jeff Sovern Deepak posted earlier about the extraordinary Times story on arbitration. I have been studying arbitration for some time, and yet some items in the story were new to me. Though the entire article demands to be read, here are two especially revealing quotes: Since no government agency tracks class actions, The Times […]
Jessica Silver-Greenberg and Robert Gebeloff of the New York Times have a must-read story today, the first of several, on the rise of forced arbitration: "Arbitration Everywhere, Stacking the Deck of Justice." The piece weaves together the history of the silent legal coup achieved by the Chamber and the Roberts Court with stories of the […]
by Paul Alan Levy On the eve of a Senate Commerce Committee hearing on the Senate version of the Issa-Swalwell bill, (the latter is endorsed by Public Citizen) that would ban non-disparagement clauses in consumer contracts, the United States District Court for the Middle District of Florida has become the first federal court to recognize […]
The Consumer Financial Protection Bureau had a busy week. In addition to the actions described in the two posts below, yesterday, the CFPB announced action against the two largest providers of background screening reports to employers for failing to verify the accuracy of reports sold to employers about job applicants. [T]he Consumer Financial Protection Bureau […]