[manquer]

Courts have ruled in the past that arbitration clauses were illegal or unenforceable for various reasons so it not that cut and dry .

Contract law is not simple, just because I signed the contract doesn’t mean it is enforcement is guaranteed.

While I agree with the estimation that this is loosing and courts would either rule that is not a monopoly or enforce the arbitration clause and kick the case out , it is not a given .

Every case is unique, a lot depends on the judge or jury and background of the specific case.

Also filing suit doesn’t mean that trial is always the goal. It could be just a strategic move in the process between plantiffs and defense .

Sometimes companies would settle not because it will loose, but because it is cheaper to settle. Sometimes they don’t want discovery process opening up internal documents that could be damaging. Fox forked over 780M because of this (and also plaintiffs had a slam dunk case ).