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Author Topic: Court dismisses class action suit and compels arbitration  (Read 191 times)
marc
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« on: November 03, 2008, 07:18:05 am »

http://classactiondefense.jmbm.com/amex_class_action_defense_arb_opn.pdf
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Jane Doe
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« Reply #1 on: November 03, 2008, 04:11:54 pm »

Thanks, this shows just how hard it is to get out of an arbitration clause.  Can you imagine the expense and stress for these people to even argue it this far? Then they still have their original dispute, too!  This is just one more example of why I roll my eyes and sigh, when someone claims that you can't be forced into arbitration even if you signed a document saying you would.  There is a big misconception that your 7th amendment constitutional right to the courts is enforced by the courts.  In fact the court rules to favor arbitration in contracts almost all the time. Thanks again for posting this.

Roll Eyes
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marc
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« Reply #2 on: November 03, 2008, 06:45:16 pm »

Where was it just recently someone insisted they could get of out of MBA and go through the courts?
Several people replied and he/she just insisted they were correct.
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Jane Doe
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« Reply #3 on: November 04, 2008, 12:45:33 am »

Where was it just recently someone insisted they could get of out of MBA and go through the courts?
Several people replied and he/she just insisted they were correct.

Are you thinking of this City-Data forum? http://www.city-data.com/forum/arizona/454914-az-201-home-buyer-rights-2.html  It's up to 3 pgs of comments now.
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marc
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« Reply #4 on: November 04, 2008, 04:12:21 am »

It is amusing to me joining in on other forums how people belive they are experts in an area they have no knowledge of.
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Jane Doe
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« Reply #5 on: November 04, 2008, 02:02:47 pm »

It is amusing to me joining in on other forums how people belive they are experts in an area they have no knowledge of.

Yup.  Cheesy  But there is one exception to the courts usually ruling in favor of arbitration most of the time, the Cull/Perry case.  If you are a homebuilder who can afford to buy some judges, you CAN get the court to go against the grain and overturn an arbitration decision you don't like.  When Perry Homes lost in arbitration Bob Perry did what a homeowner can hardly EVER do.  He had it thrown out by the state's highest court.  http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/050308dntexhomesuit.bf9a942a.html

This not only went against case law but Perry opened the door for consumers to use this very decison in THEIR favor now.  A clear indication Perry is just in it for himself.  I bet his industry had mixed feelings about his case!  Double edged swords cut both ways.
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