ARBITRATION
- AT&T Mobility LLC v. Concepcion et ux. syllabus - In a ruling issued April 27, 2011 the Supreme Court of the United States held a state rule barring waivers of classwide proceedings in consumer contract arbitration clauses is preempted by the Federal Arbitration Act (FAA).
- The Baltimore Sun - Widely used arbitration quietly closes doors of protest for consumers. The 2010 enacted Wall Street reform law requires the new Bureau of Consumer Financial Protection to study arbitration clauses on financial products or services. The agency has been given the power to restrict or ban these clauses if necessary to protect the consumer.
- The Federal Arbitration Act
- S. 1782: Arbitration Fairness Act of 2007
A bill to amend chapter 1 of title 9 of United States Code with respect to arbitration.
Introduced Jul. 12, 2007 by the 110th Congress. Bill information is provided by GovTrack.us.
- Report on Second Hill Hearing on Arbitration Fairness Act
Written by Paul Bland, he names panel members and explains their backgrounds as well as their positions on this legislation.
- "U.S. Chamber of Commerce Attacks Arbitration Fairness Act, Surprised?"
The WatchcogBlog.org, published by Public Citizen's Congress Watch, explains the U.S. Chamber of Commerce's position regarding the Arbitration Fairness Act of 2007.
- "Arbitration Goes to the Mat"
This article published in The BLT: The Blog of LegalTimes on April 2008 reports on the Chamber Institute for Legal Reform press conference with comments posted.
- Consumer Beware: Information About Arbitration
By Timothy E. Eble ©2000
Many consumers are finding arbitration clauses in contracts they sign for products or services. Arbitration is explained and its fairness to the consumer is examined.
- Opting Out of Liability: The Forthcoming, Near-Total Demise of the Modern Class Action
By Myriam Gilles ©2005
Michigan Law Review, Vol. 104, No. 3, December 2005
Gilles examines the impact of a rising number of contractual class action waivers and the diminished number of current mass tort class actions on the future of class action litigation...
- The Class ACtion Preservation Project
This project was created by Public Justice (Trial Lawyers for Public Justice) to battle for every citizen's right to a day in court in America...
- Arbitration in the News
For further information on arbitration try reading:
- Arbitration Agreements and Class Action Waivers
June 8, 2005(Lawyer maintained site) This article reviews California's position regarding class action waivers and mandatory arbitration. The shifting court position is examined.
- "Arbitration ties consumers' hands"
An article in MSN Money published May 2007 discussing the hazards of arbitration for the consumer
- "Arbitration: Wiping Out Consumers Rights?"
- "California High Court Weighs in on Class Action Waivers" in arbitration"
Dec. 20, 2005, N.Y. Law Journal
- Collective Bargaining and Labor Arbitration
The Legal Information Institute of Cornell University's Law School cites Federal Constitution, Federal Statutes, State Statutes and international material.
- Commercial Arbitration
The "use of arbitration clauses in commercial agreements," a memo by Gary H. Barnes, is examined. This article attempts to point out important considerations which should effect the decisions to use or not use an arbitration clause.
- The Consumer Advocacy Center, P.C.
Find links for a variety of arbitration resources as well as links for organizations speaking out against binding arbitration.
- Court vs. Arbitration: The Case for Each, and Neither (Washingtonpost.com) June 30, 2007)
- The Dangers of Binding Mandatory Arbitration Clauses
- "Disinfecting Consumer Arbitration"
Bob Lawless writes in support of the Consumer Arbitration Fairness Act (H.R.3010 and S. 1782) He supports a full disclosure policy that would mandate the "arbitral organizations disclose the names of the parties, the nature of the dispute, the amount in controversy, the amount awarded, the amount of any fees or costs awarded, and the name of the arbitrator..."
- "The Arbitration Trap: How Credit Cards Companies Ensnare Consumers"
This report by Public Citizen, a national non-profit public interest organization, examines the relationship between arbitration firms and credit card companies. Find the report, news coverage, House of Representative testimony and more.
- The Foundation For Taxpayer & Consumer Rights: "Arbitrary Rights"
This commentary by Scott Jagow and Jamie Court was broadcast on NPR Dec. 28, 2005 and discusses the loss by consumers of the right to trial by jury when encountering conflicts with credit card companies.
- Introduction to Alternative Dispute Resolution
Mediation and dispute resolution resources are provided.
- Mandatory Arbitration Clauses: Undermining the Rights of Consumers, Employees, and Small Businesses
Public Citizen, a National non-profit public interest organization, examines how individuals are disadvantaged by arbitration.
- New Supreme Court case? (Ross' Arbitration Blog) March 22, 2007
Dane Investments, LLC v. H & R Block Financial Advisors is discussed and the grounds for vacating an arbitration award are examined.
- Public Citizen:"Arbitration..."
Public Citizen follows binding mandatory arbitration and its impact on the consumer. Read news articles, reports, fact sheets and more about arbitration.
- Tip of the Iceberg? New Law Exempts Car Dealers from Federal Arbitration ActWritten by Carl Chiappa and David Stoelting this article explains how the Motor Vehicle Franchise Contract Arbitration Fairness Act signed by President Bush in 2002 exempts motor vehicle dealers from forced "predispute arbitration clauses" unless both the car dealers and the car manufacturers consent.
- Trial Lawyers for Public Justice
Public Justice (Formerly know as Trial Lawyers for Public Justice) launched in 1996 a Mandatory Arbitration Abuse Prevention Project due to the increasing corporate misuse of mandatory arbitration.
- U.S. Code Collection:Title 9 - Arbitration
- US Supreme Court Reaffirms CaliforniaPhone Customers' Right to Sue AT&T (Oct. 6, 2003)
Recent Court Cases Involving Arbitration:
- AP - "Supreme Court takes up arbitration case" Nov. 7, 2007 in an environmental cleanup case involving Mattel Inc. and Hall Stree Associates. View Brief for Petitioner Hall Street Associates, LLC or Brief for Respondent Mattel, Inc.
- Hearing on Mandatory Binding Arbitration Agreements: Are They Fair To Consumers June 12, 2007 Testimony to the Subcommittee on Commercial and Administrative Law of the U.S. House of Representatives' Committee on the Judiciary made by F. Paul Bland, Staff Attorney for Public Justice. This committee testimony points out major failings of the current mandatory arbitration process.
- In The court of Appeal of the State of California
Second Appellate District Division Five 1/19/06
Gentry v. Superior Court 135 Cal. App. 4th 944
- Gentry v. Superior Court 135 Cal. App. 4th 944
(Case No. B169805 January 19, 2006)
Employment Law Information Network
- In The court of Appeal of the State of CaliforniaSecond Appellate District Division One 12/7/05
Discover Bank v. The Superior Court of Los Angeles County
- Cardegna v. Buckeye Check Cashing
(Florida Supreme Court Argued November 29, 2005)
- Boghos v. Lloyds of London
(California Supreme Court Opinion May 29, 2003)
- Leeman v. Cook's Pest Control
(Alabama Supreme Court October Term, 2004-2005)
- Saldukas v. Raymond James
(Florida Supreme Court) February 24, 2005
- Ting v. AT&T
(U.S. U.S. Court of Appeals for the Ninth Circuit 2003)
- Sanderson Farms, Inc. v. Gatlin
(Mississippi Supreme Court 2000)