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Log In / Register | Apr 17, 2014

Supreme Court Approves Obamacare!

President Obama talks with Solicitor General Donald Verrilli to learn of SCOTUS passing heatlh care law
President speaks with Solicitor General Verrilli on the phone to learn that SCOTUS upheld health care law, photo/White House

WASHINGTON — In a 5-4 decision, the United States Supreme Court this morning upheld the legality of the Patients Protection and Affordable Care Act, also known as Obamacare.

SCOTUS Ruling Could Impact Franchisees

In a 5-4 ruling on April 27,2011, the U.S. Supreme Court held in Concepcion v. AT&T that corporations may in the fine print of their consumer contracts prohibit class action/group action arbitration, and that defrauded consumers cannot challenge such clauses on the grounds of unconscionability.

SCOTUS Deals Crush to Consumers

This morning, the U.S. Supreme Court dealt a crushing blow (pdf) to American consumers and employees, ruling in the AT&T vs Concepcion case that companies can ban class actions in the fine print of contracts.

ROBS Rollover Robs Creditors

A franchisor who used his pension plan to fund his personal expenses in violation of law can still shield the plan assets from creditors.

Can Contracts Strip Legal Rights?

Here's the video of the American Constitution Society's panel discussion on AT&T v. Concepcion held on Tuesday at the National Press Club.

ATT v Concepcion Amicus Briefs

The amicus briefs supporting our side in AT&T v. Concepcion are due today.  As they come in, we'll post them here and add them to the case webpage.

NY Times Editorial on Forced Arbitration and the Supreme Court

Today's New York Times contains this terrific editorial, linking to Public Citizen's research on mandatory arbitration outcomes, criticizing the Supreme Court's recent decision in Rent-a-Center v. Jackson, and endorsing intervention by Congress.

Supreme Court Decides Rent-a-Center v. Jackson: Companies Delegate Unconscionability Challenges to Arbitrator

A divided Supreme Court on Monday dealt a major blow to consumers and employees seeking to challenge arbitration agreements on the ground that they are unfair or unconscionable.

When Are Class Action Disputes Properly Submitted to Arbitration?

Michael Lockerby, a leading franchise law expert, expands on the Supreme Court’s April 27 decision, where Stolt-Nielsen v. AnimalFeeds represents the latest word, but Congress may have the final say.

Should A Franchisor's Hand-Picked Arbitrator Get to Decide Whether It's Fair for the Franchisor to Hand Pick the Arbitrator?

Even prominent arbitrators agree: Decisions about whether arbitration clauses in the consumer and employment context are unconscionable shouldn't be left entirely in the hands of arbitrators themselves. Instead, courts must be able to step in and prevent abuses.