[Analemma_]

I don't know what courts and what cases you're talking about, but SCOTUS has repeatedly held that binding arbitration agreements override almost all rights.

https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc... (binding arbitration overrides state law)

https://www.nytimes.com/2018/05/21/business/supreme-court-up... (binding arbitration overrides labor protection)

https://www.washingtonpost.com/business/supreme-court-backs-... (binding arbitration overrides consumer protections even in cases of fraudulent deceptive advertising)