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Evening News Ignores Supreme Court Decision That Protects Corporate Immunity


US Politics & Gov't  (tags: Supreme Court, corporate immunity, americans, abuse, media, supremecourt, American Express, Italian Colors )

Roseann
- 536 days ago - readersupportednews.org
Evening cable and network news have almost completely ignored the Supreme Court's sweeping decision in American Express v. Italian Colors, a 5-3 decision that further privatizes and restricts access to justice for everyday Americans.



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Comments

Kit B. (276)
Sunday July 7, 2013, 10:01 am

Having trouble with the site. I know this decision, and it is tough to fully understand. I'm not a lawyer and I doubt other than corporate lawyers many can fully understand this decision. It seems to force arbitration over the class-action suit on small business.

From a legal standpoint, American Express asserts that courts must uphold agreements between parties to arbitrate rather than litigate unless the agreement contradicts substantive federal law. Furthermore, American Express argues that arbitration is a more effective method for lower income plaintiffs to pursue their claims and that it prevents abusive lawsuits against corporations. Italian Colors responds that courts should not uphold agreements where the prohibitive costs of arbitration would prevent parties from effectively vindicating their federal statutory rights. They also assert that bilateral arbitration will often lead to an effective immunity for corporations because the length of the proceedings may create problems for claimants complying with the statute of limitations, and the cost of initiating proceedings is not worth the smaller amount of damages, leading to a way for corporations to circumvent federal antitrust laws.

http://www.law.cornell.edu/supct/cert/12-133
 

Roseann d. (178)
Sunday July 7, 2013, 10:26 am
Thanks for the extra info Kit. I just checked the link and it opened ok for me. I hope it's working now.
 
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