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by CommentCard 3153 days ago
Your example falls under the purview of negligence in tort law. Nevertheless an arbitration agreement may supersede a potential lawsuit.

The widespread use of forced arbitration seems ripe for examination by the SCOTUS. I'm no lawyer, but it seems like a fairly blatant violation of the 7th amendment.
4 comments
zimpenfish 3153 days ago
> The widespread use of forced arbitration seems ripe for examination by the SCOTUS.

Given the current makeup of SCOTUS, I wouldn't hold your breath, sadly.

(Although I would like to hear Gorsuch claim that since the constitution didn't say anything about forced arbitration, it's out of the purview of SCOTUS. If only to hear him slapped down by RBG again.)

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kharms 3153 days ago
They looked at a related issue not too long ago.

https://www.classdefenseblog.com/2015/12/supreme-court-holds...

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JackFr 3153 days ago
In your view is it ever permissible(enforceable) to forfeit the right to sue as part of a contract? Or are there just certain kinds of contracts or circumstances for which the right to sue is inalienable?
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s73ver_ 3153 days ago
It's not in Europe, so I see zero reason why it should be permissible here.
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ifhd 3153 days ago
They have examined it and found it's fine.
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