Minnesota has filed a lawsuit against the National Arbitration Forum, alleging fraud, false advertising, and deceptive trade practices.
arbitration
Thomas Kinkade, Painter Of Crap, Must Pay $2.1 Million To Former Gallery Owners
By 6.19.09
Thomas Kinkade calls himself the “Painter of Light,” and allegedly uses his “faith” to lure in investors to his gallery business. Now two former gallery owners have won a judgment from Ninth U.S. Circuit Court of Appeals that forces Kinkade to abide by a 2007 arbitration decision that awarded the former owners $860,000 in damages and more than $1.2 million in attorneys’ fees and arbitration expenses. Ouchy.
Arbitration Fairness Act On "All Things Considered"
By 6.11.09
The perils of forced arbitration and the need for the Arbitration Fairness Act were recently featured on an NPR piece. The story discusses the case of Jamie Leigh Jones, the former Halliburton employee who was gang raped in Iraq by her coworkers, then was sent to arbitration when she tried to sue her employer.
By 5.5.09
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The House Subcommittee on Commercial and Administrative Law is currently holding a hearing on forced arbitration and credit cards, appropriately titled “Federal Arbitration Act: Is the Credit Card Industry Using It To Quash Legal Claims?” Our friends at Public Citizen will be testifying. You can view (or at least listen to) the Real Player stream here.
Forced Arbitration: You Can't Sue Us For Discrimination
By 4.30.09
Besides banning forced arbitration in consumer and franchise contracts, the Arbitration Fairness Act bans mandatory binding arbitration clauses in employment contracts. John’s story illustrates why this is necessary, inside.
"We Build In Middle Class Neighborhoods Because You Can't Afford To Fight Us"
By 4.29.09
Meet Michelle. We met Michelle at Arbitration Fairness Day and she told us about being forced into arbitration when she tried to get her poorly constructed home repaired. Now she’d like to share her story with you.
Forced Arbitration: You Lose, Now Pay For Our Lunch
By 4.28.09
Mandatory binding arbitration, which corporations use to dodge accountability for their discrimination, negligence, or harassment, is a caricature of justice that offers no protection to consumers or employees. It’s also terrible for small business owners, as one couple found out.
Forced Arbitration: As Fair As A Sucker Punch
By 4.27.09
We at Consumerist really hate mandatory binding arbitration, the faux-legal sucker punch that companies deliver when they screw up and you try to sue, and so should you. We’ve talked about its evils a lot, but no one can describe this legal abomination as well as the victims themselves, so this week we’ll let them speak.
Supreme Court Rules For Injured Consumer In Big Pharma Case
By 3.4.09
The Supreme Court ruled 6-3 in favor of Diana Levine in Wyeth v. Levine. Levine, a musician, had her arm amputated when an anti-nausea drug was improperly administered in her artery, and sued the manufacturer for failing to warn of the risks on the drug’s label. Wyeth claimed that her case was pre-empted by federal law.
Mandatory Binding Arbitration Isn't Just Bad For Consumers, It's Bad For Small Businesses
By 2.26.09
Mother Jones has an excellent writeup of Deborah Williams and Richard Welshans, the Maryland couple whose horrific experience with franchising a Coffee Beanery we’ve covered before. Inside, MoJo breaks down the arbitration award to show just how much more expensive arbitration is than litigation.
The Arbitration Fairness Act Is In The House
By 2.13.09
The Arbitration Fairness Act, which will ban binding mandatory arbitration clauses from consumer, employment, and franchise contracts, was reintroduced in the House yesterday.
Mandatory Binding Arbitration: The Worst Choose Your Own Adventure Ever
By 2.10.09 — Updated: 8.21.13
Mandatory binding arbitration agreements are bad for consumers for so many reasons that, unless you’re the victim of one, it’s hard to keep track of the various ways you can be screwed. So we’ve come up with this helpful illustration: a choose-your-own-adventure-styled trip through the arbitration process.
Old Man Sues Ripoff Dealership, Wins $41,679+
By 1.20.09
Justice has finally been served to the senior citizen who was not only ripped off on his trade-in vehicle (which is, frankly, to be expected), the dealership also got him to hand over his ATM card and just straight up stole $2000 from his bank account.
Court Strikes Arbitration Clause In Case Against Nursing Home That Let Resident Freeze To Death
By 1.16.09
A Michigan court has struck an arbitration clause in a wrongful death case against a nursing home that allegedly allowed one of its senile residents to wander outside and freeze to death.
Powerful People Want To Hear Your Arbitration Horror Stories
By 10.30.08
If you’ve been screwed by arbitration, our consumer and public interest friends in DC would like to hear your story for something special they’re cooking up. Arbitration agreements are clauses inside many contracts between companies and yourself that, in the event of a dispute, prohibit you from suing the company in a court of law. Instead, you have to take your case to a special arbitration firm. Arbitration bills itself as a speedy and fair way to resolve legal disputes, but it’s come under heavy fire recently for being heavily weighted in favor of companies. If you’ve gotten the short end of the stick, send your story to arbitration.stories@gmail.com.
Washington Upholds ATT Customer's Right To Class Action
By 8.29.08
In another step towards the impending demise of mandatory binding arbitration, a customer’s right to file a class-action lawsuit against AT&T Wireless was upheld by Washington Supreme Court yesterday.
Sixth Circuit Overturns Arbitrator Who "Showed A Manifest Disregard Of The Law"
By 8.21.08
Earlier this week, the Sixth Circuit Court of Appeals overturned an arbitration decision in a dispute between Coffee Beanery and a franchisee. The court found that the arbitrator, hired by the American Arbitration Association, “showed a manifest disregard of the law” by siding with Coffee Beanery.
Let's Face It: Mandatory Binding Arbitration Sucks
By 7.17.08
A few days ago a “big business” lawyer wrote an opinion piece in the Wall Street Journal suggesting that those mean old people in the government were trying to take away your right to arbitration. How dare they!
