Corporate Business takes down Corporate Law via yesterday's Supreme Court decision.


This is really big news and it pleases the heart of this anti-greed conservative:

Consumers have been able to band together to sue corporations, but the Supreme Court rules in a Southern California case that firms can force customers to arbitrate their complaints individually. The ruling is seen as a major victory for corporations.

I know, "we" all hate Big Business, so, this is automatically a bad decision. And one of the cornerstones of class-warfare has been taken down. Add this to Citizens United (back on Jan 25, 2010) and you have the High Court affirming that corporate America is entitled to basic, fundamental rights like . . . . . . . . the right to exist after a lawsuit has been filed.

With today's decision, it is affirmed that the individual has the right to continue a lawsuit for damages, but he/she is no longer able to destroy a company via the "collective bargaining" power of a "class action" lawsuit. The ugly little secret as to class action suits is this: the lawyers involved in the suit, the lawyers driving the lawsuit, are the only ones, typically, who make any serious money.

I personally know of two individual, this past year, who where represented in different class action lawsuits. One got a check for $7.00 and the other received a check for $12.00. Of course, there are plenty of examples of individuals making hundreds or, even thousands, as the result of class action, but only after the lawyers involved took their millions out of the deal.

Class action lawsuits are the crown jewels of the "sue the hell out of everyone" industry. I have a son who is a lawyer. I could not be more proud of the boy (he would prefer "man"). After getting out of law school some 15 years ago, times were tough, but he refused to get into the "sue everyone and everything that moves" industry.

This blog is not the format for a debate on the issue, but, suffice it to say, that the High Court has made a consistently "Constitutional" decision.

Does this open the door for the advancement of "corporate greed?" I don't know, but I do know that the solution to such is not to leave Constitutional principles in the dust, to make up our own rules and in the creation of these rules, to benefit a very small part of our society, namely, the corporate world of the lawyer.

Understand that most "corporations" are found in the small business community. Wne we stop to think about it, it is Small Business more than Big Business that is benefited in this decision

No comments:

Post a Comment