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Thread: Justices Back Use of Arbitration Over Class Actions

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    Justices Back Use of Arbitration Over Class Actions

    http://www.nytimes.com/2013/06/21/bu...ml?ref=us&_r=0

    WASHINGTON The Supreme Court reinforced the ability of corporations to impose arbitration on their customers on Thursday, ruling that merchants could not bring a class-action suit against American Express, even if the cost of arbitrating individual claims is prohibitive.
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    Justices Back Use of Arbitration Over Class Actions

    Just remember, whatever side you take on this issue, the plaintiff's attorneys are really out there to line their own pockets. It has nothing to do with consumer rights. You get a coupon in the mail for a few bucks, while the plaintiffs' attorneys get millions in fees.


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    Quote Originally Posted by NJ Dolphan View Post
    Just remember, whatever side you take on this issue, the plaintiff's attorneys are really out there to line their own pockets. It has nothing to do with consumer rights. You get a coupon in the mail for a few bucks, while the plaintiffs' attorneys get millions in fees.


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    It has everything to do with consumer rights, as well as accountability. Whatever motives exist for an individual attorney who takes up a class action are inconsequential.
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    Justices Back Use of Arbitration Over Class Actions

    Quote Originally Posted by JamesBW43 View Post
    It has everything to do with consumer rights, as well as accountability. Whatever motives exist for an individual attorney who takes up a class action are inconsequential.
    All that money that company's spend litigating these claims, which are usually frivolous, end up getting passed in to the consumer. More often than not companies settle claims just to avoid costs, regardless of the merits.

    And again, in these suits, the consumers ultimately get nothing. The lawyers get it all. A lot of lawyers get very rich this ways. But you're right, it's of no consequence.

    Wait until you're on the receiving end of a frivolous lawsuit.

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    JamesBW43's Avatar
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    I'm not going to sit here and pretend I know how many lawsuits are frivolous and how much money the average plaintiff gets, but a cursory search on the issue (as well as common sense) suggests that your claims are quite absurd.

    But perhaps I am horribly misinformed and you have some evidence on which your claims are based upon.
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    Justices Back Use of Arbitration Over Class Actions

    Quote Originally Posted by JamesBW43 View Post
    I'm not going to sit here and pretend I know how many lawsuits are frivolous and how much money the average plaintiff gets, but a cursory search on the issue (as well as common sense) suggests that your claims are quite absurd.

    But perhaps I am horribly misinformed and you have some evidence on which your claims are based upon.
    Being a lawyer, reading class action settlements I get in the mail, knowing how plaintiff attorneys operate and the perverse incentives they have, and knowing how litigation actually works has led me to conclude that most of these class action suits have very little merit, if any.

    What percentage of them reach this threshold, no one can know because what is frivolous is in the eye of the beholder of course. But, in my very short career and in the relatively few cases that I've been involved with, I could give you at least 20 examples of garbage lawsuits that would make John Edwards blush.

    And yes, the average eligible member of a class action suit that either settles or results in a jury verdict gets virtually nothing, especially compared to what the lawyers get.

    I haven't even gotten into the attorneys whose practice is based around serially objecting to class action settlements to get a quick pay out. Man, some people have absolutely no shame.

    It's a message board discussion, so I don't have the inclination to write a law review article with citations if that's what you're looking for. Sorry.

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