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US Supremes deal death blow to class action lawsuits
The Register ^ | 4/28/11 | Rik Myslewski

Posted on 04/28/2011 1:41:05 PM PDT by Nachum

San Francisco - The US Supreme Court has granted a whopping victory to AT&T, the US Chamber of Commerce, and supportive corporations, by reversing previous court decisions that had prevented corporations from requiring individual arbitration of customers' complaint. By issuing its 5-4 decision on Wednesday, the Court has essentially stripped away individuals' rights to band together in class-action lawsuits should a corporation choose to include an arbitration requirement in its contracts or

(Excerpt) Read more at theregister.co.uk ...


TOPICS: News/Current Events
KEYWORDS: blow; deal; death; scotus; supremes
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1 posted on 04/28/2011 1:41:15 PM PDT by Nachum
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To: Nachum

About the only ones to profit from class action lawsuits are the attorneys. Anything that will stymie them is fine with me.


2 posted on 04/28/2011 1:44:31 PM PDT by fwdude (Prosser wins, Goonions lose.)
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To: Nachum

Almost every Class Action I’ve been included in has ended up offering me coupons to buy more of that company’s stuff. Why I’d want to buy more of something that was less than satisfactory in the first place is beyond me.


3 posted on 04/28/2011 1:45:37 PM PDT by savedbygrace (But God.)
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To: Nachum

The Supreme Court made a bad judgement here. AT&T being one of the biggest crooks ever should never be allowed to do this as well as other phone companies. It deprives the citizens and rights.


4 posted on 04/28/2011 1:47:13 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: fwdude

Yes sir, the settlement is usually in the Billions, with lawyers taking in 65% or more, then dispensing $75 per person in the group.


5 posted on 04/28/2011 1:47:30 PM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
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To: Nachum
Short term victory for AT&T; long term victory for Islam as they propose to smaller companies that Sharia Law offers a less expensive method of arbitration.

You sure the USSC hasn't "gone over"?

6 posted on 04/28/2011 1:48:16 PM PDT by muawiyah
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To: savedbygrace

Well, you might have gotten coupons, but somewhere there are some very happy—and rich—lawyers.


7 posted on 04/28/2011 1:48:28 PM PDT by Alas Babylon!
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To: freekitty
Regardless of whether it was AT&T or any other corporation, the conservative side of the court seems to be the ones behind this decision. The Court's 18-page decision was written by Justice Antonin Scalia and joined by Chief Justice John Roberts and Justices Anthony Kennedy, Samuel Alito, and Clarence Thomas, who also supplied his own six-page concurring opinion. Justice Steven Breyer, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kaganby, provided a 12-page dissenting opinion.
8 posted on 04/28/2011 1:49:48 PM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: savedbygrace

I got a check once for $0.97.


9 posted on 04/28/2011 1:51:29 PM PDT by svcw (Non forgiveness is like holding a hot coal thinking the other person will be blistered)
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To: Alas Babylon!; savedbygrace
...somewhere there are some very happy—and rich—lawyers.

They don't get coupons, too?
10 posted on 04/28/2011 1:51:49 PM PDT by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Alas Babylon!

That should have been the other half of my post. Well said.


11 posted on 04/28/2011 1:52:26 PM PDT by savedbygrace (But God.)
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To: Nachum

In other news, many Mississippi lawyers are filing for bankruptcy.


12 posted on 04/28/2011 1:52:53 PM PDT by vetvetdoug
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To: Nachum

Anything which makes ambulance chasers unhappy is OK by me.


13 posted on 04/28/2011 1:53:13 PM PDT by Oldpuppymax
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To: svcw

Lucky you.

Did you spend it all in one place?

LOL.


14 posted on 04/28/2011 1:54:14 PM PDT by savedbygrace (But God.)
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To: runninglips

Every “class action” settlement check I’ve ever gotten has been just a couple of bucks.


15 posted on 04/28/2011 1:54:27 PM PDT by fwdude (Prosser wins, Goonions lose.)
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To: freekitty

arbitration clauses and jury waiver clauses have been successfully used to ELIMINATE any jury trial rights of an individual or class.

This is going to be particularly hard on drug manuracture malpractice.


16 posted on 04/28/2011 1:56:41 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Nachum

You mean no more lawsuits where each “consumer” is awarded 40 cents and the lawyers get $35 million? What an injustice!


17 posted on 04/28/2011 1:57:24 PM PDT by San Jacinto
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To: svcw

IOW somebody stole your .97 and you were able to get it back.

Remember the monitor cases where they were advertising 15” screens but the tube would only show 14” of image?


18 posted on 04/28/2011 1:58:58 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Nachum

This only applies if you sign a contract that explicitly says that you will accept arbitration in the event of a dispute. Sheeesh.


19 posted on 04/28/2011 1:59:01 PM PDT by Lonesome in Massachussets (Somewhere in Kenya a village is missing its idiot)
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To: freekitty

“The Supreme Court made a bad judgement here. AT&T being one of the biggest crooks ever should never be allowed to do this as well as other phone companies. It deprives the citizens and rights.”

Your comment seems to belong on a different forum. I have no connection to ATT or any other mobile carrier. This court case did not involve a general assessment of consumer attitudes towards ATT. Your post has a very populist ring often reflected in the left’s view of the law. The court case involves a legal determination, not a popularity contest.

I applaud this decision. The Federal Arbitrtation Act has been in existence for a long time. California state law had effectively overridden the federal law by declaring that class action lawsuits must be permitted under the unconscionability or duress clause of the FAA. The USSC ruled that class action lawsuits do not override the FAA.

The particular case (sales tax on free phone) was utterly baseless. It is the government that acted in bad faith on taxes imposed on free phones, not ATT. The plaintiff should sue the government for imposing taxes on free phones.


20 posted on 04/28/2011 1:59:08 PM PDT by businessprofessor
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