Companies can block customers' class-action lawsuits, Supreme Court rules

[usregimechange]

WASHINGTON — The Supreme Court gave corporations a major win Wednesday, ruling in a 5-4 decision that companies can block their disgruntled customers from joining together in a class-action lawsuit. The ruling arose from a California lawsuit involving cellphones, but it will have a nationwide impact.

In the past, consumers who bought a product or a service had been free to join a class-action lawsuit if they were dissatisfied or felt they had been cheated. By combining these small claims, they could bring a major lawsuit against a corporation.

But in Wednesday's decision, the high court said that under the Federal Arbitration Act companies can force these disgruntled customers to arbitrate their complaints individually, not as part of a group. Consumer-rights advocates said this rule would spell the end for small claims involving products or services.

http://www.latimes.com/business/sc-dc-0428-court-class-action-web-20110427,0,1239412.story


Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.

http://www.law.cornell.edu/supct/html/09-893.ZS.html


Because for the five conservatives on the court, corporations have individual rights greater than that of actual people.

[Drale]

1. When the democrats take back this country

The first thing they need to do is start investigations against everyone one of those bastards.

[robinlynne]

16. Yes, that's what we said in 2008.

[Drale]

18. I don't ever remember this many extreme rulings before Obama got elected

His election pushed ever single right winger off the edge.

[robinlynne]

19. You're correct. they hadn't yet ruled. But we knew exactly who Bush appointed.

with that pony show, our Dems let Alito and Roberts in. bad move.

[TheMadMonk]

31. When the D's took over, they showed us they were "Those bastards" too. /nt

[catgirl]

2. That is fucked up!!!

We need a new balance in the Supreme Court and in all the state courts. 2012 is too far away and the damage that
is being done is too much.

[usregimechange]

4. We have to keep the WH in 2012, simple as that.

[Newsjock]

3. What the hell!?

Jesus Christ on a trailer hitch already.

[Botany]

5. And this is why Obama being re-elected is a must

Roberts 56 but w/ epilepsy
Thomas 63
Scalia 74
Kennedy 74
Ginsburg will retire soon.

This is fascist move just like the republican governors are doing too.

[robinlynne]

17. I love Ginsberg. But I think she should retire now while Obama can pick a good

replacmenet. I'm sure she will make sure to do it under Obama at least. I love her, and what she does for our country not wishing to disrespect in any way.

[Lasher]

34. It's hard to get excited about that. Obama would just nominate another centrist like Sotomayor.

We need someone from the left to counter the justices from the right.

[robinlynne]

36. She has been doing well, hasn't she?

[Lasher]

42. Compared to the righwing extremists on the court she's been doing great.

But she is a centrist like I said and I very much preferred somebody left of center.

[BzaDem]

43. Or, you are completely wrong, and she is a liberal.

:shrug:

[Lasher]

44. No, she's a centrist. Wake up, you don't know what you're talking about.

[ZombieHorde]

6. This has absolutely assured I will vote for President Obama in 2012.

And a 99% assurance of voting Dem in 2016.

This is fucking psycho.

[edhopper]

7. Here's something that they can do

a law firm can sign on all the plaintiffs and flood the corporation with hundreds or thousands of law suits.
Make the company answer every one

[indepat]

8. The felonious five rendering yet even a more felonious opinion, one of a series of opinions

which seem to get even more feloniouser, if possible. :patriot:

[usregimechange]

9. "I am not surprised that the majority can find no meaningful precedent supporting its decision."

-Breyer

[cascadiance]

10. Here's an idea... Do we have any good companies run by decent Democrats?...

Er maybe not so decent, but willing to do some nasty things to serve the overall good! A company with a LOT of active Republican customers?

Perhaps after this decision goes in to effect, the CEO can have their business actively use their customer's party affiliation, if they have access to that information, and actively and consciously discriminate a screw their Republican customers in a way that they nickle and dime them so that unless they were to do a class action lawsuit, that they would lose out on the court costs versus what they would get back. If we do that quickly enough before the 2012 election, then perhaps enough Republicans will realize how the Republican ROBERTS BARONS FIVE on the Supreme Court have screwed THEM and maybe we can make that an issue for us to get in congress people (both as Republican and Democratic candidates) that will seek to impeach these UnAmerican bastards off the court once and for all! Then we can fix things like Citizen's United, etc. too.

[femrap]

11. WASF....nt

[Thunderstruck]

12. Do we need any more evidence of what is going on here?

[valerief]

13. Fascism 101. nt

[leveymg]

14. There's only one response - we all need to incorporate.

Spy vs Spy, Superperson vs Superperson, Corporation vs Corporation, All Against All, life in America is becoming increasingly nasty, brutish and short.

[robinlynne]

15. That is seriously bad news. It will have repercussions.

[usregimechange]

21. This is huge and I am not sure we all have realized how much yet

[robinlynne]

23. There will be NOTHING to stop big corporations from screwing us, both in

elections, and now as consumers. Why not put cheap and dangerous components into what you manufacture? if people can not sue you, it's fine. That was the only thing in their way as producers. What if drug companies kill you, no class action suits......

Isn't this anti-constitutional?

[usregimechange]

24. I don't know but this may be bigger than Citizens United and it is certainly

beyond unreasonable.

[robinlynne]

26. what about artificial hearts? what about medicines? what is to stop radiation?

what is to stop a corporation from putting dogshit into food? razorblades into toys......The only thing that kept them a tiny bit honest was the possibility of lawsuits....big ones. not paid for by one person.

[Lasher]

Checkmate.

We lose, they win.

[Initech]

20. Time to start the impeachment proceedings!

[Jack Sprat]

22. Through the eyes of conservatives, Corporations

are God incarnate. It doesn't matter that God has left for China, they still worship him through the Chamber of Commerce and the SCOTUS.

[Canuckistanian]

25. "Thomas, J., filed a concurring opinion"

Gee, what a surprise. His photocopy machine is in fine working order, I see.

[Rage for Order]

27. They were distressed that lawyers won't be able to collect huge fees

From the LA Times article:

But the Supreme Court reversed that decision Wednesday in AT&T Mobility vs. Concepcion. Justice Antonin Scalia said companies may require buyers to sign arbitration agreements, and those agreements may preclude class-action claims.

Breyer added that a ban on class actions would prevent lawyers from representing clients for small claims. "What rational lawyer would have signed on to represent the Concepcions in litigation for the possibility of fees stemming from a $30.22 claim?" he wrote.


A lawyer won't be able to make tons of money in legal fees by suing on behalf of someone with a damage claim of $30.22??? Oh, the humanity!

:eyes:

Don't buy anything from a company that requires you to agree to arbitration prior to suing them, Problem solved.

:shrug:

[robinlynne]

30. I work for one. not yet. the new contract has to be signed by friday. or

you "quit". The new contract has of course an arbitration clause, a clause which gives the company permission to send your personal information to any country in the world.....and to change payment rates unilaterally.... It is between not working, and signing....a very difficult decision to make.

How will we even know? The arbitration clause will be hidden in the fine print; if you buy this you are agreeing to......
out of 5000 people, not one other person noticed or was bothered by the personal information data transfer clause in our new contract.

[Lasher]

33. Sounds a little like Yellow Dog Contracts, outlawed in 1932 by the Norris-Laguardia Act.

I have given up hope that similar legislation could be passed by this Congress and this President to protect someone in your situation.

[robinlynne]

35. yeah. welcome to Amerika. First they bought all the small companies.

Some held out. they bought them. Now they are doing this to all of us. It's pretty amazing how much greed abounds.

[Fuddnik]

28. It ain't about elections anymore.

Those 5 justices need to be run out of Washington on a rail, tarred and feathered. Their conduct is beyond the pale. If The Senate or the DOJ had ANY courage, they'd be in prison now.

Four of them have told bald-faced lies during their confirmation hearings, have had impeachable conflicts of interest, etc. They are criminals and have no business sitting on any bench.

[robinlynne]

37. you are so right.

[Octafish]

29. America, We the People have a problem.

Corporations -- cough, ultrarich GOP tax dodgers -- can contribute all they want to political campaigns.
And now, they don't have to answer to a unified body of litigants.
What. The. Hell?

The Felonious Five shoulda been impeached long ago for failing to uphold the Constitution.

And for avoiding taxes, the dumb slappy Thomas should be in jail. Koch knows what Scalia and Alito have in Switzerland.

[Pryderi]

32. dlete

[Hugabear]

38. Anyone surprised by this? This is the same SCOTUS that gave us Citizens United

The current iteration of the Supreme Court does not represent the people.

[Rex]

39. Fuck those traitorous scum! Thank you 4 sane people, wish we had 9.

The fact that Scarface and Slappy still sit on the court is proof to me the govt really doesn't give a dam about fairness.

[TheKentuckian]

40. Revolution!

[NYC Liberal]

41. Time to pass a law to overturn this and

guarantee the right to seek class action status.

Not the the right-wing-controlled House will pass such a law. Hopefully after 2012...

[AsahinaKimi]

45. And Tea baggers want to take this country back....

and give it to the Corporations, along with the Republican party. I wonder when we will see President Elect Westinghouse, or President Elect General Electric, or President Elect Kelloggs, or President Elect Coca Cola.

Why does this all remind me of JUDGE DREDD?

"I AM THE LAW!!"