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

Are some contracts more equal than others?

Maribel Baltazar worked in one of clothing retailer Forever 21’s distribution warehouses.  She alleges that she suffered discrimination and harassment on the job, ultimately leading to her quitting.  She sued Forever 21 and certain co-workers, who then moved to compel … Continue reading

Asking again: Can silence equal consent?

In 2010, the Supreme Court held in Stolt-Nielsen v. AnimalFeeds International Corp. that parties must affirmatively “agree to authorize” class arbitration, because class arbitration is such a different animal than individual arbitration.  The parties in that case stipulated that there … Continue reading

Another court cries foul on D. R. Horton

Despite the Supreme Court’s pronouncement that “contract is a matter of consent, not coercion,” and accordingly, contracts must be enforced according to their terms, many courts across the country still show an unwillingness to enforce contracts that contain class action … Continue reading

Massachusetts high court reverses anti-arbitration decision

The Massachusetts Supreme Judicial Court really doesn’t like arbitration.  It doesn’t matter that Congress enacted the Federal Arbitration Act in 1925 specifically to counteract judicial hostility to arbitration.  The Massachusetts court remains hostile, and has shown considerable creativity in striking … Continue reading