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.
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.
In a decision issued Wednesday morning in Williamson v Mazda, the U.S. Supreme Court unanimously held that state-law damages claims seeking to hold an automaker accountable for its vehicle-design choices were not barred by federal regulation of motor vehicles.
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.
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.
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.