Nothing but the Truth!
Action Violates Seventh Amendment to US Bill of Rights
By Will Power
April 28, 2011 (San Diego)--In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise examined by any Court of the United States, than according to the common law.
The US Supreme Court ruled this week (on a straight party-line 5-Republicans and Four Democrats) that corporations can avoid class-action suits by demanding consumers waive their constitutional rights and use Arbitration procedures instead. In what clearly is unconstitutional, the Bill of Rights is superseded by the Contract Law, America's Sacred Cow. What were the Justices thinking?
Nearly every contract signed by a consumer such as warranties, repair contracts, car rental, phone contracts and PayDay Loans contain these arbitration clauses. That would be fine if arbitration were fair, but today arbitration is a rubber-stamp Kangaroo Court where retired judges routinely handle hundreds of cases a day without anyone arguing in behalf or the plaintiffs. The respondents, mostly Collection Agencies, have attorneys on retainer. Arbitration is a done deal for the Corporate Lawyers. Case closed- now pay up!
For years, consumers who have been seriously harmed have banned together in Class-Action suits to fight these Arbitration clauses in Civil Courts. Today the Supreme Court has ruled that will be impossible. So go back up and read Article 7 of the Bill of Rights and explain this decision logically. (You cannot!) Every product or contract you buy is going to contain an arbitration clause instead of a guarantee.
In the future, people who buy cars with bad brakes, get faulty medical devices, or ingest dangerous prescription drugs will have lost the ability to band together and sue Corporate plaintiffs. People who drink polluted water won't find Erin Brokovich to help them. It is another victory for big business and a great loss to consumers. And it is unconstitutional on its face.