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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
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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
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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
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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.})
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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
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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
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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
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To: All

b


27 posted on 04/28/2011 2:14:11 PM PDT by Maverick68
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To: All

b


28 posted on 04/28/2011 2:14:24 PM PDT by Maverick68
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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
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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.)
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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)
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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,)
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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)
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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)
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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)
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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
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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)
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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)
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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,)
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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)
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