Corporate America Wins Again With Supreme Court Ruling Against Class Action Small Claims - FDL

[WillyT]

Corporate America Wins Again With Supreme Court Ruling Against Class Action Small Claims
By: David Dayen - FDL
Wednesday April 27, 2011 12:27 pm

<snip>

The Supreme Court didn’t hold a press conference, but they made a major contribution to the lives of Americans in a ruling today. And wonder of wonders, it benefits corporations at the expense of regular people.

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.

This was a typical 5-4 special, with Kennedy swinging to the conservatives. John Roberts continues his unblemished record of siding with corporate interests.

Plus...

UPDATE: As Scarecrow notes, the real issue here is binding arbitration. Phone plans have arbitration clauses that the justices are basically using here to supersede small claims court. Sens. Al Franken and Richard Blumenthal, along with Rep. Hank Johnson, have legislation that would deal with this. From their release:

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More: http://news.firedoglake.com/2011/04/27/corporate-america-wins-again-with-supreme-court-ruling-against-class-action-small-claims/

:mad:

:kick:

[nichomachus]

1. I went in for a medical prcedure last week

Among the ream of papers I had to fill out was one in which I specifically signed away my right to sue them if they were negligent or injured me in any way.

One of our most important rights under the Constitution has been obliterated by the corporatist junta.

[ThomCat]

8. The courts are now declaring that this nation belongs to corporations

instead of to us.

In decision after decision, the right-wing of the court have a 100% voting record siding with corporations against us.

All any company has to do is tell us that we are required to waive our right to sue, or agree to binding arbitration in the venue of their choice, and we are agreeing to be totally screwed with absolutely no legal recourse.

The courts have agreed that companies can force these agreements upon us, and we have to be stuck with them. We have to agree to be powerless. We have to agree to be divided and conquered. We have to agree to be small and powerless.

:wtf:

At what point do we finally get to impeach these monsters? :nuke:

[toddwv]

2. K&R

They are going to take us back to an era when America was a middling power in global terms.

[slipslidingaway]

3. knr nt

[Thunderstruck]

4. We're being completely sold down the river. How much longer are we going to stand for this?

[YellowRubberDuckie]

5. Apparently forever.

Notice there's not really anyone doing anything about it.

[Thunderstruck]

6. We need a leader and we need a spark. I thought Wisconsin and Michigan

would be the spark that was needed. But it looks like they are just accelerating their destruction of We the People.

[Rusticus Too]

10. This is ALL OUT class warfare, folks . . .

anyone who tells you differently, or who tells you that you shouldn't be using that kind of "inflamatory" rhetoric, is an enemy sympathizer.

The Millionaires and Billionaires - the CEO class - what it ALL, and they aren't going to stop until they get it.

Its patriots work. Its time for WE, THE PEOPLE, to stand up, and fight back, to reclaim our democracy from the Plutocrats.

[leftstreet]

7. K&R

[OhioChick]

9. K&R n/t