No Arbitration For American Express Where There Was No Agreement To Arbitrate

In a welcomed move, the 2nd Circuit Court of Appeals has ruled that a party (American Express) that did not sign an arbitration agreement can not compel consumers to arbitrate their claims against that party.
Hopefully, this will help end the trend of sending consumer claims into arbitration when those claims do not arise from [...]

Do Not Allow Your Legal Rights To Be Further Eroded

Please read the story below, reprinted in its entirety from the website of the Center for Justice & Democracy. The story is about contingency fees. Simply put, contingency fees allow lawyers to front the costs of litigation for clients who cannot afford to pursue their cases. The lawyer takes all the risk [...]

Mississippi Supreme Court Allows Case To Go To Jury

The news article linked to below is not sensational in and of itself. It is newsworthy in that the current Mississippi Supreme Court has overturned a trial court’s order disallowing a case to be heard by a jury. The Mississippi Supreme Court, in its written opinion, ruled that the case should go to the [...]

Beating Back Arbitration And Protecting Senior Citizens

Recently, a great letter to the editor was published on the need for Congress to pass a pending bill that would limit the abusive use of mandatory binding arbitration agreements in nursing home admission forms.
Our elderly family members and friends deserve access to the courthouse just as much as, if not more than, anyone else [...]

Employer vs. Employee? Advantage Employer

A recent study found that employees who win their disputes against employers in arbitration are more likely to have their victory overturned by state courts than employers.
This is not shocking news, but it is yet more evidence that mandatory binding arbitration is skewed in favor of employers and corporations when they’re fighting against consumers.
An article [...]

Science, Your Health, And Your Legal Rights

If you sue over injuries sustained by a defective product, drug, or medical device, you’re going to need experts in a court of law to help you win your case. Those experts will testify about the science at issue — it’s called the Daubert standard. Your whole case can be effectively destroyed if [...]

Arbitration And The Erosion Of Consumers’ Legal Rights

The Federal Arbitration Act was passed in the early 20th Century. It originally was implemented so that businesses could resolve their disputes outside of the court system. Fast forward a few decades and you’re lucky if you can buy a toothbrush without having to sign an arbitration agreement. Make no mistake — [...]