Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-5051-78 next last

1 posted on 04/28/2011 1:41:15 PM PDT by Nachum
[ Post Reply | Private Reply | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 2 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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!
[ Post Reply | Private Reply | To 3 | View Replies]

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)
[ Post Reply | Private Reply | To 4 | View Replies]

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)
[ Post Reply | Private Reply | To 3 | View Replies]

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)
[ Post Reply | Private Reply | To 7 | View Replies]

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.)
[ Post Reply | Private Reply | To 7 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 9 | View Replies]

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.)
[ Post Reply | Private Reply | To 5 | View Replies]

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)
[ Post Reply | Private Reply | To 4 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 9 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 4 | View Replies]

To: muawiyah
Some civil cases are just about providing the parties with the proper restitution. You did $5000 damage to my car, well then give me my $5000 to fix my car.

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.

21 posted on 04/28/2011 1:59:47 PM PDT by who_would_fardels_bear
[ Post Reply | Private Reply | To 6 | View Replies]

To: longtermmemmory
You are putting your finger on another point about the Second Amendment. When the courts stand ready to serve ~ but you're on the docket for trial 15 years from now ~ you can short circuit the whole deal.

Now they might punish you for it, but satisfaction is, as they say, satisfaction!

22 posted on 04/28/2011 2:00:22 PM PDT by muawiyah
[ Post Reply | Private Reply | To 16 | View Replies]

To: svcw
I got a check once for $0.97.

You made out like a bandit. Two weeks ago I got a refund check from AT&T for overcharges for various fees (universal access, 911, etc.)

Amount of the check: $0.25.

You read that correctly. Twenty-five (25) cents.

And they paid $0.44 (forty-four cents) to mail the 25-cent check.

True story.
23 posted on 04/28/2011 2:02:09 PM PDT by Milton Miteybad (I am Jim Thompson. {Really.})
[ Post Reply | Private Reply | To 9 | View Replies]

To: freekitty

The court upheld the contract the people signed. It is a good call for contract law.


24 posted on 04/28/2011 2:02:59 PM PDT by Ratman83
[ Post Reply | Private Reply | To 4 | View Replies]

To: who_would_fardels_bear

Hmm, I’m thinking Bill Gates vs. John Deere?


25 posted on 04/28/2011 2:03:25 PM PDT by muawiyah
[ Post Reply | Private Reply | To 21 | View Replies]

To: longtermmemmory
"This is going to be particularly hard on drug manuracture malpractice."

As in, some of those docs you sign prior to surgery?

26 posted on 04/28/2011 2:05:27 PM PDT by moehoward
[ Post Reply | Private Reply | To 16 | View Replies]

To: All

b


27 posted on 04/28/2011 2:14:11 PM PDT by Maverick68
[ Post Reply | Private Reply | To 26 | View Replies]

To: All

b


28 posted on 04/28/2011 2:14:24 PM PDT by Maverick68
[ Post Reply | Private Reply | To 26 | View Replies]

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

Why?

And, are you and all yours OK? Missed by the storms?

29 posted on 04/28/2011 2:14:44 PM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 12 | View Replies]

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.

If you are a conservative, you should be happy about this decision.

Instead, you sound like an emotional, anti-business, liberal troll.

30 posted on 04/28/2011 2:15:23 PM PDT by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Lonesome in Massachussets

try and NOT sign one.

you can’t enter a brokerage deal or a cell phone contract without one.


31 posted on 04/28/2011 2:15:43 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 19 | View Replies]

To: freekitty
It deprives the citizens and rights.

What rights are deprived?

32 posted on 04/28/2011 2:17:53 PM PDT by from occupied ga (Your most dangerous enemy is your own government,)
[ Post Reply | Private Reply | To 4 | View Replies]

To: moehoward

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.


33 posted on 04/28/2011 2:19:34 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 26 | View Replies]

To: from occupied ga

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.


34 posted on 04/28/2011 2:22:26 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 32 | View Replies]

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.

The supreme court made an outstanding judgement. f..k those greedy lawyers.


35 posted on 04/28/2011 2:22:48 PM PDT by Donald Rumsfeld Fan ("Science is the belief in the ignorance of experts." Richard Feynman father of Quantum Physics)
[ Post Reply | Private Reply | To 4 | View Replies]

To: who_would_fardels_bear
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.

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.

36 posted on 04/28/2011 2:24:11 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 21 | View Replies]

To: Milton Miteybad
I must be one of the lucky few.

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.

37 posted on 04/28/2011 2:27:06 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
[ Post Reply | Private Reply | To 23 | View Replies]

To: businessprofessor
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

good point.

38 posted on 04/28/2011 2:27:21 PM PDT by Donald Rumsfeld Fan ("Science is the belief in the ignorance of experts." Richard Feynman father of Quantum Physics)
[ Post Reply | Private Reply | To 20 | View Replies]

To: longtermmemmory
trial by jury

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 defence
The 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.
39 posted on 04/28/2011 2:34:59 PM PDT by from occupied ga (Your most dangerous enemy is your own government,)
[ Post Reply | Private Reply | To 34 | View Replies]

To: from occupied ga

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.


40 posted on 04/28/2011 2:45:45 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 39 | View Replies]

To: Nachum

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.


41 posted on 04/28/2011 2:46:40 PM PDT by willk
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Attorneys have used this as a full employment opportunity for to long, they made millions, the damaged party got chicken feed.
42 posted on 04/28/2011 2:47:42 PM PDT by org.whodat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurking Libertarian

yes - my bad. But as you say you waive your right your bound by that agreement


43 posted on 04/28/2011 2:56:26 PM PDT by from occupied ga (Your most dangerous enemy is your own government,)
[ Post Reply | Private Reply | To 40 | View Replies]

To: who_would_fardels_bear

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.


44 posted on 04/28/2011 2:58:42 PM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Nachum
SUCK IT, TRIAL LAWYERS!

and your little Demonrat political toadies, too.

45 posted on 04/28/2011 3:00:25 PM PDT by Recovering_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Donald Rumsfeld Fan

I understand that and they should have dealt with the tort lawyers; but they are punishing the public.


46 posted on 04/28/2011 3:10:43 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Erik Latranyi

You are real good with the name calling aren’t you.


47 posted on 04/28/2011 3:11:56 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Ratman83

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.


48 posted on 04/28/2011 3:16:10 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 24 | View Replies]

To: businessprofessor

San Francisco - The US Supreme Court has granted a whopping victory to AT&T,”

In the first paragraph of the posted article.


49 posted on 04/28/2011 3:18:26 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Nachum

Sounds good to me.


50 posted on 04/28/2011 3:31:58 PM PDT by LurkedLongEnough
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-78 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson