HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
We have 1 guest online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Contact Congress: Arbitration Fairness Now!
SEN. FEINGOLD, REP. JOHNSON INTRODUCE MEASURE TO PRESERVE CONSUMER JUSTICE (See photos)
News Reports: Senate Passes Franken Binding Arbitration Amendment  
   Public Citizen Report - Home Court Advantage
Become involved - Sign Petition: Fair Arbitration Now.com plus, Arbitration Resources & Latest News

Hightower: Binding Mandatory Arbitration Kangaroo Courts
Sunday, 31 March 2013

Hightower: Corporate kangaroo courts supplant our Seventh Amendment rights
Being wronged by a corporation is painful enough, but just try getting your day in court. Most Americans don’t realize it, but our Seventh Amendment right to a fair jury trial against corporate wrongdoers has quietly been stripped from us. Instead, we are now shunted into a stacked-deck game called “Binding Mandatory Arbitration.” Proponents of the process hail it as superior to the courts — “faster, cheaper and more efficient!” they exclaim. All you really need to know about today’s process is that it’s the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory. Let’s look at this mess.


Hightower: Corporate kangaroo courts supplant our Seventh Amendment rights
By Jim Hightower

 

 

Being wronged by a corporation is painful enough, but just try getting your day in court. Most Americans don’t realize it, but our Seventh Amendment right to a fair jury trial against corporate wrongdoers has quietly been stripped from us. Instead, we are now shunted into a stacked-deck game called “Binding Mandatory Arbitration.” Proponents of the process hail it as superior to the courts — “faster, cheaper and more efficient!” they exclaim.

But does it deliver justice? It could, for the original concept of voluntary, face-to-face resolution of conflict by a neutral third party makes sense in many cases. But remember what Mae West said of her own virtue: “I used to be Snow White, then I drifted.” Today’s practice of arbitration has drifted far away from the purity of the concept.

All you really need to know about today’s process is that it’s the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory. Let’s look at this mess.

■ Unlike courts, arbitration is not a public system, but a private business.

■ Far from being neutral, “the third-party” arbitration firms are — get this! — usually hand-picked by the corporation involved in the case, chosen specifically because they have proven records of favoring the corporation.

■ The corporation also gets to choose the city or town where the case is heard, allowing it to make the case inconvenient, expensive and unfair to individuals bringing a complaint.

■ Arbitrators are not required to know the law relevant to the cases they judge or to follow legal precedents.

■ Normal procedural rules for gathering and sharing evidence and safeguarding fairness to both parties do not apply in arbitration cases.

■ Arbitration proceedings are closed to the media and the public.

■ Arbitrators need not reveal the reasons for their decisions, so they are not legally accountable for errors, and the decisions set no legal precedents for guiding future corporate conduct.

■ Even if an arbitrator’s decision is legally incorrect, it still is enforceable, carrying the full weight of the law.

■ There is virtually no right to appeal an arbitrator’s ruling.

That adds up to a kangaroo court! Who would choose such a rigged system? No one. Which is why corporate America has resorted to brute force and skullduggery to drag you into their arbitration wringer.

By “force,” I mean practically every business relationship you have with a corporation (customer, employee, supplier, etc.) begins with you blindly signing away your right to go to court. Written in indecipherable legalese, these sneaky provisos are usually secluded in the tiny-type of pre-printed, take-it-or-leave-it, non-negotiable contracts.

By “you,” I mean everyone one of us who: takes a job, gets a credit card, subscribes to cable TV, buys an insurance policy, rents an apartment, purchases nearly any new product (from cellphone to house), has a home remodeled or car repaired, enters a nursing home, becomes a franchisee or corporate supplier or signs up with a landscaping service.

If you seek justice because you’ve been gouged by your bank, discriminated against, sexually harassed, unfairly fired, cheated on wages, sold a shoddy product, denied health care coverage or otherwise harmed by a corporation, you’ll most likely find that you’re barred from the courthouse door. That document you unwittingly signed has shackled you to the corporation’s own privatized court.

Since binding mandatory arbitration “agreements” are written by corporate lawyers, it’s no surprise that they stack the deck in favor of corporations. But — wow! — the percentage of rigged wins is disgusting.

For example, Public Citizen found that one giant firm, the National Arbitration Forum, heard over 34,000 consumer-versus-bank cases in California. It sided with financial giants 95 percent of the time. Even more astonishing, the city of San Francisco found of the 18,045 cases brought by banks and other powers against overmatched California consumers, NAF’s private judges sided with the corporations 100 percent of the time.

To learn more about this rigged system, and to get involved with fighting against forced arbitration, check out Citizen Works at citizenworks.com

 

JIM HIGHTOWER’s column is distributed by Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045.

http://lubbockonline.com/editorial-columnists/2013-03-30/hightower-corporate-kangaroo-courts-supplant-our-seventh-amendment

 
< Prev   Next >
Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

 Feature
Rise and Fall of Predatory Lending and Housing

NY Times: Building Flawed American Dreams 
Read CATO Institute: 
HUD Scandals

Listen to NPR:
Reckless Endangerman
by
Gretchen Morgenson : How 'Reckless' Greed Contributed
to Financial Crisis - Fannie Mae

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Consumer Affairs Builder Complaints

 TRCC Implosion
 TRCC Shut Down
 Sunset Report

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

Homebuilding Texas Style
And the walls came
tumblin' down

 Texas Homebuilder
Bob Perry Political Contributions

  The Agency Bob Perry Built
 TRCC Connection News
Tort Reform

NPR Interview - Perry's
Political influence movement.
Click to listen 

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

top of page

© 2019 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.