Logo
Menu
  • Home
  • Practice Areas
    • Medical Malpractice LawHelping New York Medical Malpractice, Personal Injury Cases
    • Close
  • New York Injury News
  • Press release
    • Injury News
    • Motor Vehicle Accidents
    • Personal Injury Accidents
    • Construction Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Work Related Fire Fighter Deaths
    • Wrongful Death
    • Close
  • Ask A Lawyer
  • Free Case Evaluation
  • Sitemap

Home » Injury News » Arbitration Case To Be Heard By US Supreme Court May Strip Citizens’ Rights

Arbitration Case To Be Heard By US Supreme Court May Strip Citizens’ Rights

New Source: JusticeNewsFlash.com
03/06/2013 // Keller Grover LLP (Press Release) // Eric Grover // (press release)

In the two years since the United States Supreme Court issued its historic decision in AT&T v. Concepcion allowing the enforcement of class action waivers, millions of consumers and employees have lost the ability to effectively pursue their legal rights. In the next few months, the Supreme Court will decide an appeal from the Second Circuit Court of Appeals in another class action case. This time, even business interests are worried that the Supreme Court is going too far in its zeal to protect big business at all costs by ending class actions. The Second Circuit ruled that American Express was barred from enforcing a class action waiver in its merchant agreement, saying such waivers would unfairly limit the ability to privately enforce antitrust laws. Several weeks ago, a number of merchant groups filed a “friend of the court” brief asking the Supreme Court to uphold the Second Circuits decision, arguing that “without the class procedures…that enable plaintiffs to efficiently share these costs with class members, these businesses would have foregone, on multiple occasions, enforcement of actions that have resulted in substantial public interest benefits.” The brief was filed by the National Community Pharmacists Association and was joined by the National Grocers Association and the National Association of Convenience Stores. “Denying the appeal filed by American Express would be a first step by the Supreme Court in returning some balance to a system that has been tipped all too far in favor of business interests over the past few years,” says San Francisco employment and consumer rights attorney Eric Grover. A decision is expected by early summer.

Public Justice filed its own friend of the court brief in the case, urging the Supreme Court not to take the radical step of enforcing an arbitration clause even where it has been proven to strip federal statutory rights. On behalf of Public Justice Paul Bland has requested that the following message be passed on so that the Supreme Court can hear how real people feel about this case.

…Consumer and plaintiffs lawyers know that there have been a long string of cases where the Supreme Court has enforced arbitration clauses. In the course of doing that, though, the has always said that enforcing arbitration clauses won’t cause any harm, because (the Court has insisted and promised), arbitration is a forum where anyone with a valid legal claim can be heard fairly. The Supreme Court has always said that arbitration is only acceptable where parties can “effectively vindicate their substantive rights.” About 8 SCOTUS cases make that statement.

In re American Express Merchants Litigation, we’ll learn if the Court actually MEANT any of those promises. This is the most important and most pro-consumer case involving a challenge to an arbitration clause that has come down since Concepcion. In the case, a number of small business merchants brought a class action in court alleging that Amex is violating the Sherman Act with a Tying Arrangement (using its monopoly power over charge cards to force merchants to take all Amex-branded credit cards — and pay higher fees). AmEx moved to force the case into individual arbitration (with no class action possible). The plaintiffs PROVED, with admissible evidence that was never controverted, that it would be impossible for them to pursue their antitrust claims, in court or arbitration, if they had to go forward on an individual basis. It would cost them hundreds of thousands of dollars to prove their cases in each case, even though their claims are typically only worth about $5,000.

But AmEx, backed by the Chamber of Commerce, wants the Court to abandon the “effective vindication” doctrine, or more likely to re-define it in a way that would make it completely meaningless. They want the Supreme Court to enforce AmEx’s arbitration clause, and class action ban, even though it means that small business plaintiffs will lose all their substantive rights under the antitrust laws.

Public Justice filed today an amicus brief objecting to AmEx’s radical position. Our brief explains that if the Court severs the link between arbitration and the opportunity to be heard and obtain justice, then statutes that Congress enacted to protect consumers, small businesses, and workers from more powerful corporations will be gutted. We point out that the small-business plaintiffs suing Amex in this case may as well move to a nation that has no antitrust laws. We point out that arbitration will become nothing more than a convenient way for stronger parties to immunize themselves from the law. It will have no arguable legitimacy, it will just be an exercise in power.

In our conclusion, we say “Petitioners’ proposal would change the underlying statute from the Federal Arbitration Act to the Federal Corporate Immunity Act, and would rob it of its legitimacy.”

Here’s the brief:

http://publicjustice.net/sites/default/files/downloads/In-re-Amex-Merchants-Litigation-Public-Justice-AARP-AAJ-Amicus-Brief-29Jan13.pdf

Our brief was written by Paul Bland, Public Justice Staff Attorney Leslie Bailey, Brayton-Thornton Attorney Spencer Wilson, with input from our Executive Director Arthur Bryant. We were joined on the brief by the American Association for Justice and AARP. John Vail of AAJ’s Center for Constitutional Litigation and Julie Nevpau of AARP both provided valuable input.

For more information on class action consumer rights cases, please contact Keller Grover, LLP at 415.659.9937.

Media Information:

Address: 1965 Market Street, San Francisco, CA 94103
Phone: 415.659.9937
Url: San Francisco employment lawyer | Los Angeles employment attorney News Source: JusticeNewsFlash.com – Press Release Distribution

It's only fair to share...Pin on Pinterest
Pinterest
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Facebook
Facebook
Email this to someone
email
Print this page
Print
September 22, 2013   injurynewsreporter
Injury News
×

  • Man flubs pronunciation, loses million dollar prize on game show
  • Consumers Notified of 2012 Crescent Healthcare Data Breach

Recent News and Press Coverage

  • Todd Stager, Esteemed SEO for Lawyers Expert, Embarks on a New Journey with His Own SEO Firm March 11, 2024
  • Attorney Dan Powell Examines the Financial Challenges of Not Having a Living Trust: Implications for Business Owners February 16, 2024
  • Adam P. Boyd Leads Innovative Masterclass on Strategies for Law Firm Growth February 14, 2024
  • David Dardashti Donates to Expand Research on Sexual Violence Among Children and Develop Prevention Protocol. January 29, 2024
  • A Queens County Supreme Court jury rendered a verdict for $7 million In Medical Negligence Case December 1, 2023
  • Record-Breaking $700,000 Verdict by Mezrano Law Firm Redefines Justice in Personal Injury Cases November 30, 2023
  • The Law Office of Richard Roman Shum Unveils Comprehensive Guide on New York Divorce Laws October 12, 2023
  • Brooklyn Estate Planning Attorney Yana Feldman Offers Free Services for Israel-bound Volunteers October 12, 2023
  • Google Drops FAQ Rich Snippets so Custom Legal Marketing Released a Video to Help Lawyers Understand Why October 5, 2023
  • Bronx Injury Attorneys Explain How Damages Are Calculated August 22, 2023
  • ZeroRisk Cases, Inc. Utilizes Cutting-Edge Technology to Target High-Quality Plaintiffs in Talcum Powder Litigation August 15, 2023
  • ZeroRisk Cases, Inc. Unveils Advanced Website Platform and Digital Marketing Strategy for Increased Law Firm Growth August 15, 2023
  • The Search Engine Domination Society Achieves a 300% Increase in Client Calls for NYC Personal Injury Lawyer August 11, 2023
  • Federal Tax Credits ERC Updates and Releases New Informational Videos about ERC July 6, 2023
  • Who is Liable for Dooring Accidents? Bronx E-bike Attorney Glenn A. Herman Explains July 4, 2023
  • Weizhen Tang Announces Publication of Law and Justice: My Struggle During His 2026 Mayoral Campaign July 4, 2023
  • Enhancing Data Compliance with AdvisorVault: Heritage Brokerage’s 17a-4 Trusted Partner July 3, 2023
  • Attorney Beau Harlan: The Champion of Justice Unveils Comprehensive Legal Services for Vancouver, WA and Portland, OR June 28, 2023
  • The Legal Process for Motor Vehicle Accidents in New York City June 2, 2023
  • NYC Bicycle Accident Lawyer Explains Winning an Accident Claim March 20, 2023

Archives

  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • August 2023
  • July 2023
  • June 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • October 2022
  • September 2022
  • July 2022
  • June 2022
  • May 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • July 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • December 1999
  • January 1970
New York Injury News
1512 Schorr Place
PMB #35071
Bronx, NY 10469
718-210-1007
Copyright © 2025 New York Injury News
Go to mobile version