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UPDATE: US Supreme Court Blocks Class Action Against AT&T Unit

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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:18 PM
Original message
UPDATE: US Supreme Court Blocks Class Action Against AT&T Unit
Source: Dow Jones Newswires

WASHINGTON (Dow Jones)--A divided U.S. Supreme Court ruled Wednesday that AT&T Mobility can enforce a cellphone contract provision that requires customers to arbitrate their disputes individually instead of filing class-action lawsuits.

The 5-4 ruling, which fell along the court's ideological divide, blocked a class-action lawsuit alleging the AT&T Inc. (T) wireless subsidiary acted fraudulently by charging sales tax on cellphones that it advertised as free.

The case was considered a test of the enforceability of arbitration agreements that bar individuals from pooling their claims together in a class action.

Two federal courts in California had ruled that the arbitration agreement included in AT&T Mobility's wireless contracts was not enforceable because it barred class actions.

Read more: http://online.wsj.com/article/BT-CO-20110427-714539.html



Thom Hartmann discusses this case on today's show.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:19 PM
Response to Original message
1. ...
:mad:
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jaysunb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:24 PM
Response to Original message
2. Elections, really really matter
especially the one coming up.
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IScreamSundays Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:08 PM
Response to Reply #2
6. you mean like the ones that were stolen in 2000 and 2004
Seems to me that they really didn't matter.
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jaysunb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 05:39 PM
Response to Reply #6
30. Evidently you haven't noticed the results of those election.
In this case, think Roberts & Alito.

ELECTIONS MATTER !
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:25 PM
Response to Original message
3. The SCOTUS majority: friend to the perpetrators, enemy of the people.
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Bozita Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:49 PM
Response to Original message
4. Thom Hartmann is having a lawyer who was in the court for arguments
Edited on Wed Apr-27-11 12:50 PM by Bozita
Coming up after the break.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 08:35 PM
Response to Reply #4
33. that'd be Jay Goodman Tamboli
of Talk Radio News Service, interview at video starting 1 hr 6 min mark, case is named AT&T v. Concepcion
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SoapBox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 12:49 PM
Response to Original message
5. Of course...the Radicalized-Activist Judges side against Americans...
and America.

Amazing how they hate the citizens of this country.
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MaineDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Original message
7. Companies can block customers' class-action lawsuits, Supreme Court rules
Source: MSNBC

WASHINGTON — The Supreme Court gave corporations a major win Wednesday, ruling in a 5-4 decision that companies can block their disgruntled customers from joining together in a class-action lawsuit. The ruling arose from a California lawsuit involving cellphones, but it will have a nationwide impact.

In the past, consumers who bought a product or a service had been free to join a class-action lawsuit if they were dissatisfied or felt they had been cheated. By combining these small claims, they could bring a major lawsuit against a corporation.

But in Wednesday's decision, the high court said that under the Federal Arbitration Act companies can force these disgruntled customers to arbitrate their complaints individually, not as part of a group. Consumer-rights advocates said this rule would spell the end for small claims involving products or services.

In the case before the court, a Southern California couple complained about a $30 charge involving their purchase of cellphone service from AT&T Mobility. The California courts said they were entitled to join with others in bringing a class-action claim against the cellphone company.

Read more: http://today.msnbc.msn.com/id/42785845/ns/local_news-anchorage_ak/
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Lint Head Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
8. Typical fascism at work.
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inna Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #8
21. took the words out of my mouth.

damn kleptocrats.
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Autumn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
9. Those five whores need to be impeached.
What a disgrace.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
10. ...
:grr:
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xxqqqzme Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
11. The US will not survive this court.
Edited on Wed Apr-27-11 03:04 PM by xxqqqzme
The rabid corporate loving RWers are shredding the Constitution faster than I thought possible.
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asjr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #11
17. It would not surprise me to learn
they are poised to overturn Roe. Little by little we are going to lose all our rights. The Republicans are going to end up owning us.
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diane in sf Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #17
22. They won't overturn Roe v. Wade--they couldn't wave abortion around any more
Edited on Wed Apr-27-11 03:34 PM by diane in sf
to get the goobers to vote against their own own financial interests.
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Kolesar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 04:03 PM
Response to Reply #22
28. I rather agree...eom
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asjr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 04:54 PM
Response to Reply #22
29. You're right. They will hold on to that.
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24601 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 07:14 PM
Response to Reply #22
32. Sure they could - overturning Roe just makes it a state by state
issue. Some states would prohibit it, some would fund it, and some wouldn't regulate it at all.
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slay Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #11
19. The amount of 5-4 decisions shows just how wrong things are - how 5 people can hand corporations
EVERYTHING. It is soooo wrong. Fuck you Thomas, Scalia, Roberts, Alito and the other one.
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #11
20. Bingo.
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Ed Suspicious Donating Member (336 posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
12. Every level and institution of government
working toward the same goal of creating division among people while granting unrestrained powers to corporations. Fuck this country. We need a revolution. Them keeping us separated and and working for ourselves will certainly help kill any momentum behind that idea.

We need to drive the fascists out.
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MaineDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
13. This just makes me crazy. n/t
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bongbong Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
14. Ironic & easy solution
Stop buying anything from large companies.
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villager Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #14
18. That's the *only* thing that's going to work -- yet many are afraid to withhold their economic
"enabling" of the ruling classes...
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
15. Can't have the "union" version of lawsuits against them. That would be democracy in action.
Instead of fascism, which is what we have in action.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
16. This doesn't sound constitutional.
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appal_jack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #16
23. agreed.
I haven't yet read the opinion, but it seems like the 'Supremes' (i.e.- the five 'Mediocres') are abridging the 1st, 7th, and 9th Amendments, at the very least.

Let's do a quick review:

Amendment I
Congress shall make no law... abridging... the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.


Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved...


Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people.


Is it too much to ask that Supreme Court justices uphold the Constitution?

-app
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
24. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
25. K&R... Hopefully some folks will see this...once they get past Trump and Birther News...
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
26. companies can band together to fight consumers
but people can't join together to fight companies.

the new order, thanks to the Supreme Court.
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Coyote_Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 03:50 PM
Response to Reply #7
27. Supreme Court Appointments
Probably the single best reason to vote to retain Obama in office.
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Marblehead Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 06:08 PM
Response to Original message
31. Yikes!!
Things are changing fast, citizens united now this. These are scary and depressing times. I wish americans would wake the F up.
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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 09:08 PM
Response to Original message
34. Hopefully, very soon, a relatively benign "Act of God" will make
one of these corporate whores unfit to legislate from the bench, and Obama can appoint another human being to the SC.

I'm sending my energy that way.
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Nossida Donating Member (205 posts) Send PM | Profile | Ignore Wed Apr-27-11 09:09 PM
Response to Original message
35. Ahhhh
Edited on Wed Apr-27-11 09:13 PM by Nossida
So the Corporate Fascist Oligarchs
had their sock puppets on the Sold
Out Supreme Court give them even
more inventive 'legal' ways to bleed
the American People into Indentured
Servitude. Bravo Justice Roland
Freisler Roberts/Alito/Scalia.

I've always said America has the best
Democracy/Justice System money can buy.

Thank you Supreme Court for confirming it for us all.

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-27-11 09:45 PM
Response to Original message
36. Here is the Actual Opinion, I suspect it upholds the 1920 era Federal Arbitration law
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