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Duplicate of another approved link: 12362550


(Slate)   Supreme Court gives workers a unanimous win   (slate.com) divider line
    More: Interesting, Supreme Court of the United States, Arbitration, mandatory arbitration, Jury, Arbitration clause, Court, Karla Gilbride, Supreme court  
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2022-05-24 11:15:25 PM  
8 votes:
No, not really.

The case instant the restaurant operator began to litigate the case, and even had settlement discussions.  After eight months they decided to try to force arbitration. 

The SCOTUS said they waited too long and should have done that from the outset, so they don't get to force arbitration after 8 months.

So now companies will just force you into arbitration on the day your file your lawsuit. 

While important to the plaintiff in this case, it isn't the earth shattering beat down of the FAA that Slate seems to think it is.
 
2022-05-25 2:58:37 AM  
6 votes:

feckingmorons: No, not really.

The case instant the restaurant operator began to litigate the case, and even had settlement discussions.  After eight months they decided to try to force arbitration. 

The SCOTUS said they waited too long and should have done that from the outset, so they don't get to force arbitration after 8 months.

So now companies will just force you into arbitration on the day your file your lawsuit. 

While important to the plaintiff in this case, it isn't the earth shattering beat down of the FAA that Slate seems to think it is.


I get what you're saying but the opinion seems to state more than that. It at least says companies will have to play by their own rules, the ones they foist on us when we click "agree."
 
2022-05-25 4:59:58 AM  
5 votes:
I have a feeling the other shoe is going to fall soon
 
2022-05-25 5:11:34 AM  
5 votes:

MaudlinMutantMollusk: I have a feeling the other shoe is going to fall soon


Letting a guy keep his ID when you steal his wallet is truly a magnanimous gesture.
 
2022-05-24 11:23:24 PM  
3 votes:
She sounds like one hell of a good lawyer.

"To back up this claim, Gilbride gave the justices a history lesson. Congress passed the FAA in 1925 because courts were hostile to arbitration agreements and hesitant to enforce them. Lawmakers intended the measure not to elevate arbitration agreements above all other contracts, but to put them on the same plane. Junking the usual rules is just pro-corporate judicial activism at its worst.

On Monday, the court agreed with Gilbride in a concise, unanimous opinion by Justice Elena Kagan. The FAA, Kagan wrote, doesn't favor arbitration, but simply puts it "on equal footing with other contracts." If an "ordinary procedural rule" prevents "enforcement of an arbitration contract, then so be it. The federal policy is about treating arbitration contracts like all others, not about fostering arbitration." Courts may not create "custom-made rules" to "tilt the playing field in favor of (or against) arbitration."

"Gilbride convinced the justices to walk back this rhetoric by interpreting it as an "equal-treatment principle." In doing so, they abolished pro-arbitration rules in nine different circuit courts that cover most of the country-a "sea change" in the law, as Justice Sam Alito put it during oral arguments. "
 
2022-05-25 5:21:24 AM  
2 votes:

feckingmorons: No, not really.

The case instant the restaurant operator began to litigate the case, and even had settlement discussions.  After eight months they decided to try to force arbitration. 

The SCOTUS said they waited too long and should have done that from the outset, so they don't get to force arbitration after 8 months.

So now companies will just force you into arbitration on the day your file your lawsuit. 

While important to the plaintiff in this case, it isn't the earth shattering beat down of the FAA that Slate seems to think it is.


You have to carry that goalpost a long way to get from "unainmous win," to, "earthshaking beatdown of corporate America."
 
2022-05-25 5:06:23 AM  
1 vote:
Fark user imageView Full Size
 
2022-05-25 5:09:45 AM  
1 vote:

MaudlinMutantMollusk: I have a feeling the other shoe is going to fall soon


5/9's of SCOTUS: Fark!  I thought that was the Abortion Opinion, NOT the Arbitration Opinion I signed.
 
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