Skip to comments.US Supremes deal death blow to class action lawsuits
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 ...
About the only ones to profit from class action lawsuits are the attorneys. Anything that will stymie them is fine with me.
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.
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.
Yes sir, the settlement is usually in the Billions, with lawyers taking in 65% or more, then dispensing $75 per person in the group.
You sure the USSC hasn't "gone over"?
Well, you might have gotten coupons, but somewhere there are some very happy—and rich—lawyers.
I got a check once for $0.97.
That should have been the other half of my post. Well said.
In other news, many Mississippi lawyers are filing for bankruptcy.
Anything which makes ambulance chasers unhappy is OK by me.
Did you spend it all in one place?
Every “class action” settlement check I’ve ever gotten has been just a couple of bucks.
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.
You mean no more lawsuits where each “consumer” is awarded 40 cents and the lawyers get $35 million? What an injustice!
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?
This only applies if you sign a contract that explicitly says that you will accept arbitration in the event of a dispute. Sheeesh.
“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.
However, the courts have made it clear that in some civil cases part of the money awarded to the plaintiffs can be in the form of a monetary penalty aimed at discouraging the defendant from trying the same crap in the future.
How is it possible to assess punitive damages on misbehaving companies in arbitration? Isn't that just about financial restitution?
I oppose the silly $10 coupon per plaintiff decisions because most people don't bother to redeem them, and the company goes unpunished.
Some companies need to be financially chastised. This has to happen in the courts. The penalty has to be a fixed amount payed into the U.S. treasury to pay down the debt.
Screw coupons and screw arbitration when one of the litigants is a major corporation and the other one is a lowly citizen.
Now they might punish you for it, but satisfaction is, as they say, satisfaction!
The court upheld the contract the people signed. It is a good call for contract law.
Hmm, I’m thinking Bill Gates vs. John Deere?
As in, some of those docs you sign prior to surgery?
And, are you and all yours OK? Missed by the storms?
If you are a conservative, you should be happy about this decision.
Instead, you sound like an emotional, anti-business, liberal troll.
try and NOT sign one.
you can’t enter a brokerage deal or a cell phone contract without one.
What rights are deprived?
no as in the pain patch cases where they had an inspector examining 20 patches every second. The patients died from pain killer overdoses but the cases could not have been brought if they had not been consolodated as a class.
trial by jury.
The back of a cruise ticket eliminates that right. But you have a choice, when you find out as you are boarding the ship you can cancel the entire cruise and fly home having wasted all that money. ps no refunds.
The supreme court made an outstanding judgement. f..k those greedy lawyers.
Which, of course, is senseless since it is ultimately regular taxpayers who fork over the cash for these settlements, just like they do for "corporate taxes". The money simply comes out of Sally Secretary's, Margie Manager's, and Tommy Truckdriver's IRAs, 401Ks, and pensions, as well as from the pockets of regular Mom and Pop investors who have maybe $5k or $35k, whatever, invested in some mutual fund.
Keep in mind that even as we laugh at the sheer stupidity of the scumbag lefties when they call for more "corporate taxes" (as if a bundle of papers known as "articles of incorporation" pays taxes) there is a reason for their stupidity. They actually believe that "corporate taxes" are paid by big fat cigar-chomping old white men in pinstripes, because this is an easy visual for small-minded people who tend to view things in terms of cartoons.
Take care not to get as lazy as the lefties. Let them wallow in their stupidity all by themselves, thank you.
About nine years ago I received a check for $50 for a stereo I had purchased for my daughter in 1995. The CD player stopped working right after the warranty.
A few other checks I have received over the years were for a couple of dollars or less.
Disingenuous nonsense. Sixth amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defenceThe right to a jury trial is explicitly linked to a CRIMINAL prosecution by the government. Suing someone is a civil matter. The BOR does not grant you the right to have a bunch of envious ignoramuses help you loot the coffers of your fellow citizens.
There is a right to jury in civil trials in federal court; it’s in the Seventh Amendment. But you waive that right by signing an arbitration agreement.
My credit card was sued several years ago. I got a 38 cent credit to my bill. The lawyers got 3 million dollars. My annual fee went up $5 the next year.
yes - my bad. But as you say you waive your right your bound by that agreement
I have a better idea. Send the officers of the company to jail.
In a publically traded company, the officers are using OPM - other people’s money. They aren’t necessarily compensated for good strategic decision-making, but for meeting performance goals based on either quarterly or annual sales, profit, or stock price targets.
If officers of public companies, and if more politicians, went to jail, there would be less bullshit happening to the economy.
I’m talking Pelican Bay time, not country club penitentiary time either.
and your little Demonrat political toadies, too.
I understand that and they should have dealt with the tort lawyers; but they are punishing the public.
You are real good with the name calling aren’t you.
I am referring to phone and I pad prices and things the phone companies don’t tell you about until it’s to late. You are expected to abide by their contracts; but they can screw you out of all kinds of money. They can lie; but you have to pay the price. If I am wrong; I apologize.
San Francisco - The US Supreme Court has granted a whopping victory to AT&T,”
In the first paragraph of the posted article.
Sounds good to me.
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