| There are a series of awful supreme court decisions (often written by Scalia though not only) that eviscerated the right to actually use the court system. - Southland Corp. v. Keating, 465 U.S. 1 (1984)
arb applies in state courts in addition to federal - Gilmer v. Interstate/Johnson Lane Corp. 500 U.S. 20 (1991) - Doctor’s Associates, Inc. v. Casarotto, 517 U.S. 681 (1996) - Green TreeFinancial Corp.-Ala. .v Randolph, 531 US 79 (2000) - Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 US 395 (1967) - Buckeye Check Cashing, Inc. v. Cardegna, 546 US 440 (2006) - Rent-A-Center West v. Jackson, 561 US 63 (2010)
arbitrator will determine the enforceability of the agreement - Hall Street Associates, L.L.C. v. Mattel, Inc., 552 US 576 (2008)
arb award can't be modified - Gilmer v. Interstate/Johnson Lane Corp., 500 US 20 (1991)
arb in discrimination claim - AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011)A
class action waivers - American Express Co. v. Italian Colors Restaurant, 570 US 228 (2013) There have been some proposals to fix this - a step in the right direction. Unfortunately, none have passed yet. https://www.congress.gov/bill/115th-congress/house-bill/1374 https://www.congress.gov/bill/115th-congress/senate-bill/259... https://www.congress.gov/bill/115th-congress/senate-bill/537 https://www.congress.gov/bill/116th-congress/house-bill/1423 https://www.congress.gov/bill/116th-congress/senate-bill/610 https://www.congress.gov/bill/117th-congress/house-bill/963 Some other useful sources if you care about the details: 1. Glover, J. M. (2022). Mass Arbitration. Stanford Law Review, 74. https://review.law.stanford.edu/wp-content/uploads/sites/3/2... 2. Katherine V.W. Stone & Alexander J.S. Colvin. (2015). The arbitration epidemic: Mandatory arbitration deprives workers and consumers of their rights (Briefing Paper 414). Economic Policy Institute. https://www.epi.org/publication/the-arbitration-epidemic/ |