Supreme Court rejects New Jersey arbitration case

New Jersey courts, along with those of California and Massachusetts, continually exhibit hostility to the freedom of contract, when that freedom is expressed in a contract to arbitrate consumer or employment disputes. Today, the Supreme Court denied certiorari in U.S. … Continue reading

Everybody wins with at-will employment

In the U.S.A. of old, your boss could fire you if he didn’t like the color of your socks, the smell of your lunch, or the pitch of your sneeze. And you could get up and walk whenever it suited you. … Continue reading

Contracts: A trade analogy

Fans of the Oakland Athletics know that the team has just made a big trade. Supporters of Pacific Legal Foundation know that PLF’s Free Enterprise Project defends freedom of contract across the country, including the right of parties to be bound … Continue reading

Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million … Continue reading

A new, and unconstitutional, approach to contract law

Patricia Atalese signed a contract with a financial services firm, in which she agreed that “any claim or dispute” between herself and the firm, related to the services provided, “shall be submitted to binding arbitration upon the request of either … Continue reading