Senator Al Franken, among others, has reintroduced legislation to eliminate mandatory arbitration in employment, civil rights, and consumer cases. The so-called Arbitration Fairness Act of 2011 (S. 987 (pdf), H.R. 1873) bears a striking resemblance to the Arbitration Fairness Act of 2009, which went nowhere. This latest attempt seems to be a response to the Supreme Court’s recent … Continue Reading
Tag Archives: Arbitration Fairness Act
Sometimes When You Win, You Really Lose — Rent-a-Center v. Jackson
Posted in Employment LitigationYesterday, the U.S. Supreme Court issued its decision in Rent-a-Center v. Jackson. The justices split 5-4 (with Scalia, Roberts, Kennedy, Thomas, and Alito in the majority). The opinion reversed a Ninth Circuit decision that issues regarding the unconscionability of arbitration agreements must be decided by the courts, even if the agreement specifically delegates those decisions to … Continue Reading