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Johnson & Johnson Drafted Into Fight Over Shareholder Lawsuits
From the Wall Street Journal: 12/13/2018."Supporters of mandatory arbitration say it would save companies money and time, arguing arbitration would be faster and less expensive than grinding out...
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Now is the time for the SEC to protect defrauded investors
From The Hill: 12/26/2018."It is not just defrauded investors who are harmed when shareholder fraud cases are curtailed. SEC leaders from both parties have long maintained that private lawsuits serve...
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No, Companies That Force Workers to Sign Away Their Right to Sue Are Not...
From Slate: 1/23/2019."The HRC will soon release its influential 2019 Corporate Equality Index, which scores companies on their corporate nondiscrimination policies for LGBTQ employees. But the index’s...
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This Is What Happens When You Try to Sue Your Boss
From Bloomberg: 1/24/2019."Millions of American workers sign away legal rights without knowing what they’re in for: Arbitration Hell."Read the full article here.jsnyder_cms's blog
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A Brave Survivor Fights to Hold University Accountable
It was the fall of Rachel’s senior year at a public university when she reported being sexually assaulted by a fellow student. She was on track to graduate summa cum laude that spring, but she says the...
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Democrats in step with Google on mandatory arbitration ban
From Yahoo Finance: 2/28/2019."The Forced Arbitration Injustice Repeal Act of 2019, or “FAIR Act,” is the latest in a long history of proposed bills that have attempted but failed to defang the current...
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Tech workers’ fight against forced arbitration gets a boost in Congress
From the Los Angeles Times: 2/28/2019."A new poll of 1,200 voters by Hart Research Associates found that 84% supported legislation to end arbitration requirements. Close to 90% of Republicans and 83%...
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Forced Arbitration Is Unjust and Deeply Unpopular. Can Congress End It?
From Slate: 3/1/2019."In a truly harrowing story, the 87-year-old nun was raped in the nursing home where she resided, but her family was barred from suing the nursing home for negligence. Wells Fargo...
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Republicans’ deregulation is hurting consumers. A new bill from Democrats...
From the Washington Post: 3/4/2019."If the bill passes, it would be a step in the right direction. In the best of all possible worlds, the government would also help protect customers from misbehaving...
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Jean’s Debilitating Injury Nearly Ignored
Jean Larson experienced a traumatic multi-vehicle collision that ended her career as a registered nurse, and nearly walked away with zero compensation. Jean, a mother of six and grandmother, was...
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You elected them to write new laws. They’re letting corporations do it instead.
From USA TODAY: 4/4/2019."A two-year investigation by USA TODAY, The Arizona Republic and the Center for Public Integrity reveals for the first time the extent to which special interests have...
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Senator accuses popular trampoline parks of "trying to hide" deaths and injuries
From CBS News: 4/17/2019."Lawmakers on Capitol Hill are pushing to regulate trampoline parks amid mounting concern over their risks. A California police officer filed a lawsuit last week after he was...
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The Technology 202: These Googlers are dialing Washington to demand an end to...
From the Washington Post: 4/30/2019."These activists are hoping they can get enough workers on board -- in the tech sector and beyond -- to bring the debate over forced arbitration that's been brewing...
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Patients recount medical horrors under care of military doctors, with no...
From Stars and Stripes: 4/30/2019."But it doesn’t stop there: Patients and their families aren’t allowed to sue for medical malpractice. A special legal shield, known as the Feres Doctrine, blocks...
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Editorial: Congress seeks to amend the Feres Doctrine
From the Richmond Times-Dispatch: 5/1/2019."Military personnel should have at the very least the same rights as everyone else to compensation for gross medical negligence. The House bill would provide...
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Google workers want to outlaw mandatory arbitration. Here’s why this matters.
From the Washington Post: 5/3/2019."Over the last three decades, more and more corporations have forced their employees or customers to sign these contracts, agreeing to take their disputes to private...
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Congress Should End a ‘Harsh and Unfair’ Rule That Blocks Troops From Court
From the New York Times: 5/3/2019."A 1950 Supreme Court decision makes it impossible for service members to recover damages from the government for negligence or misconduct they suffer while...
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Antitrust data reveals vital role of private actions, illustrates need to...
From the The Hill: 5/28/2019."Arbitration clauses are buried in the fine print of everything from nursing home admissions forms and credit card contracts to online click-through “agreements.” Often...
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CalPERS, Colorado pension fund want a say in mandatory shareholder...
From Reuters: 5/28/2019."The pension funds for public employees in California and Colorado have moved to intervene in New Jersey federal court litigation that marks the first court test of the legality...
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Chase says arbitration ‘provides better outcomes’ for consumers. Nope, say...
From the Los Angeles Times: 5/3/2019."JPMorgan Chase is notifying more than 40 million credit card holders that from now on they’ll have to arbitrate any disputes, forgoing the option of filing a...
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Mandatory Arbitration Enables Sexual Harassment
From Bloomberg: 5/12/2019."Earlier this year, Democratic lawmakers introduced the FAIR Act. This would prohibit mandatory arbitration as a condition of employment and let employees choose how they want...
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Lawmakers want to give Americans back their right to sue companies
From CNBC: 9/10/2019."The House of Representatives Judiciary Committee on Tuesday afternoon passed a bipartisan bill, the Forced Arbitration Injustice Repeal Act, that would end forced arbitration....
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The Secret Courts Companies Use To Evade Justice
From HuffPost: 9/10/2019."The new report from the American Association for Justice shows that not only do companies typically emerge victorious from arbitration, but, perhaps more damning, they rarely...
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House Votes To Ban Forced Arbitration
From HuffPost: 9/20/2019."The U.S. House on Friday voted to ban forced arbitration, the increasingly controversial ― and common ― practice of forcing consumers and workers into secret courtrooms where...
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House Passes Bill to End Forced Arbitration
From ThinkAdvisor: 9/20/2019."Mandatory arbitration "allows large corporations to systematically evade accountability when they break the law," added American Association for Justice CEO Linda Lipsen,...
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Sexual Misconduct at Work, Again
From RetroReport.org: 10/07/2019."Corporate scandals led companies to implement mandatory arbitration agreements. But that made it easier for them to cover up the problem, and harder for victims to be...
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DLA Piper Hit by Law Student Protests Over Arbitration
From Bloomberg Law: 10/10/2019."Demonstrators from Harvard, Columbia, NYU and Georgetown law schools handed out leaflets in New York, Washington, and Boston. They’re part of a student-led initiative...
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Hollywood and Silicon Valley can no longer silence women with this contract...
From Vox: 10/11/2019."Gov. Gavin Newsom signed a bill Thursday that outlaws forced arbitration, a common business practice that US employers use to stop workers from suing them for sexual harassment,...
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Uber's New York bike expansion stymied by dispute over court access
From Politico: 10/15/2019."But the “forced arbitration” policy that Uber wants to insert into its user agreements with riders is proving an obstacle. The increasingly commonplace corporate practice...
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These Women Know How to Save the World—All We Have to Do Is Listen
From Harper's Bazaar: 11/06/2019."For our 2019 Women Who Dare series, Gretchen Carlson calls up Senator Kirsten Gillibrand to discuss the prevalent—but little-known about—arbitration clauses in...
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How the Google walkout transformed tech workers into activists
From the Los Angeles Times: 11/06/2019."They were approached by the American Assn. for Justice, a nonprofit lobbying group for plaintiffs’ lawyers that was pushing a bill to ban mandatory arbitration...
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Amtrak’s new ticket rules won’t let passengers sue in a crash
From Politico: 11/08/2019."But if such a crash happened today, the victims would not be able to sue. That’s because of a clause the passenger rail line quietly added to its ticket purchases in January,...
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Beware two nasty contract provisions
From the Chicago Tribune: 11/19/2019."Welcome to the world of adhesion contracts: Contracts that include terms that are unfavorable to you but over which you had no chance to bargain. Amtrak's policy...
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Tech Companies’ Big Reveal: Hardly Anyone Files Arbitration Claims
From the American Prospect: 11/26/2019."Some new statistics from the nation’s leading tech firms on arbitration serve as evidence for an argument that critics of the practice have long contended: that...
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More than half of Maine employers may be forcing workers to sign away their...
From Maine Beacon: 12/03/2019."An estimated 56 percent of Maine employers may have made it impossible for their workers to sue them in court for wage theft, safety hazards, sexual harassment, racial...
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Why A Judge Made Uber Create An Email Address
From Jalopnik: 12/16/2019."Among the many provisions that make this clear is the arbitration provision, which requires drivers to settle disputes with the company in private, closed-door proceedings...
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Democrats, tort lawyers pan McConnell’s liability immunity idea
From Roll Call: 04/29/2020."Linda Lipsen, the CEO of the American Association of Justice, said the economy won’t restart if people feel they are at risk and can’t hold those responsible. 'There are...
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Mitch McConnell should not use this crisis to advance his ‘tort reform’ agenda
From The Washington Post: 05/03/2020."The Senate majority leader may have powerful business lobbies behind him, but he still risks violating what is, or should be, a cardinal rule for both parties...
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The Absolute Absurdity of Blanket Corporate Immunity
From The American Prospect: 05/08/2020."There is almost no institution less vulnerable than the corporation, which McConnell has nonetheless placed at the top of the list of his bailout priorities. 'We...
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Companies fear coronavirus liability lawsuits. So far, few exist
From Reuters: 05/15/2020."But so far, court records show few such cases have been filed and some legal experts say the threat of liability is exaggerated because of the difficulty of proving where...
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Business immunity for coronavirus is not the solution for Trump’s reopening...
From The Boston Globe: 05/15/2020."It would be terrible for Congress to reduce the threat of lawsuits for employers in such egregious situations. The prospect of being sued for negligence helps to hold...
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McConnell’s Rush to Protect Businesses Endangers Everyone Else
From The New York Times: 05/15/2020."The problem is that immunity doesn’t just shield the worst actors; it also punishes the best, by giving a competitive advantage to the businesses that decide to cut...
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Giving Corporations a License to Kill
From Slate: 06/11/2020."Businesses need the right incentives to protect workers from COVID-19. Corporate immunity would give them a free pass to gamble with workers’ lives."Read the full article...
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McConnell’s warning of lawsuit ‘epidemic’ undercut by lack of litigation
From Politico: 07/27/2020."Of the 3,727 coronavirus-related cases that have been filed since March, just 185, or less than 5 percent, fall into the personal injury category that McConnell describes —...
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Column: In GOP plan, you can’t sue your employers for giving you COVID — but...
From The Los Angeles Times: 07/29/2020."The Republican proposal is more draconian than measures in some of the nine states that have given businesses immunity from lawsuits in the COVID-19 pandemic. It...
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Blanket COVID-19 liability shield for business is not the immunity we need in...
From USA Today: 08/11/2020."Responsible businesses have no reason to fear coronavirus lawsuits. The law requires only that they follow safety guidance from public health experts."Read the full article...
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Tragic death of 4 year old prompts action to implement safer windows
Evan, the son of a career Navy officer, fell through a screened window at Aliamanu Military Reservation in Honolulu in 2011. This tragedy served as the catalyst for federal legislation that will...
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Survey on Forced Arbitration February 2019
Survey on Forced Arbitration February 2019jsnyder_cms's blog
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