5 ms·
If the banks left all their customers money protected by a wind screen door that was accessible in the alley, I think suing could be justified.
by ngold 9y ago
If the banks left all their customers money protected by a wind screen door that was accessible in the alley, I think suing could be justified.
- jonny_eh 9y agoAnd if the banks had your money, even though you never gave it to them.
- JumpCrisscross 9y ago> even though you never gave it to them You can argue you were coerced into giving it to them. But at the end of the day, you signed bank and credit card and employment agreements that let your information be transmitted.
- CommentCard 9y agoYour example falls under the purview of negligence in tort law. Nevertheless an arbitration agreement may supersede a potential lawsuit. The widespread use of forced arbitration seems ripe for examination by the SCOTUS. I'm no lawyer, but it seems like a fairly blatant violation of the 7th amendment.
- kharms 9y agoThey looked at a related issue not too long ago. https://www.classdefenseblog.com/2015/12/supreme-court-holds-that-federal-arbitration-act-preempts-california-courts-interpretation-of-arbitration-clause/ https://www.classdefenseblog.com/2015/12/supreme-court-holds...
- zimpenfish 9y ago> The widespread use of forced arbitration seems ripe for examination by the SCOTUS. Given the current makeup of SCOTUS, I wouldn't hold your breath, sadly. (Although I would like to hear Gorsuch claim that since the constitution didn't say anything about forced arbitration, it's out of the purview of SCOTUS. If only to hear him slapped down by RBG again.)
- JackFr 9y agoIn your view is it ever permissible(enforceable) to forfeit the right to sue as part of a contract? Or are there just certain kinds of contracts or circumstances for which the right to sue is inalienable?
- s73ver_ 9y agoIt's not in Europe, so I see zero reason why it should be permissible here.
- ifhd 9y agoThey have examined it and found it's fine.