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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 05:01 PM
Original message
mandatory arbitration

Top lobbying goals for the American Association for Justice, formerly the Association of Trial Lawyers of America, include asking the Obama administration to undo any rules the outgoing Bush administration adopts to try to limit lawsuits. It wants Congress and Obama to outlaw mandatory binding arbitration in consumer contracts and reverse a Supreme Court decision making it harder for consumers to sue the makers of FDA-regulated medical devices.

http://news.yahoo.com/s/ap/20081114/ap_on_go_ot/the_influence_game_transition


I wish that they were also trying to ban mandatory arbitration in individual employment contracts.

Jamie Leigh Jones was gang-raped in Iraq by her fellow Halliburton employees. She may not get to sue because she signed a mandatory arbitration agreement.



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northernsoul Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 05:08 PM
Response to Original message
1. Mandatory Arb. is evil
I would encourage DUers who are serious about justice to support the AAJ's efforts in this area. No corporation should be able to force you to sign your rights away.
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musiclawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 05:11 PM
Response to Original message
2. Nope, too far down the priority chain
although, yes, I think Federal Law should once and for all come out with a univeral arbitration law for individual employment contracts to end the hodgepodge that is out there right now: no arbitration unless it's mutual; 21 days to back out; each side bears their own legal and splits arbitrator's cost which cannot exceed a certain amount per diem, and no lawsuit to overturn award unless award clealry fraudulent, or unequivocal misapplication of law. There are many state statutes that are similar.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 05:14 PM
Response to Reply #2
4. Voluntary arbitration is fine.
It's mandatory arbitration, especially for an employee like Jamie Leigh Jones, who was gang-raped, which I object to.
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ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-14-08 05:13 PM
Response to Original message
3. The Constitution says we have a right to a speedy trial.
A trial, not an arbitration.

If corporations want to fuck with people, they need to be exposed and it has to cost them.

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