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Except now, with forum shopping & 5th district courts, companies are getting everything they asked for. And the activist court will bend over backwards to make
by jauntywundrkind 2y ago
Except now, with forum shopping & 5th district courts, companies are getting everything they asked for.
And the activist court will bend over backwards to make new pro-business pro-partisan (imo anti-human) precedent whenever they can. Hardly a symbol of partisan restraint, the Supreme Court has sent words down to the 5th, for example, in pretty bold terms. https://www.reuters.com/legal/musks-x-seeks-steer-lawsuits-conservative-court-texas-2024-10-17/ https://www.reuters.com/legal/musks-x-seeks-steer-lawsuits-c...
They weren't using arbitration before afaik, but ExTwitter for example is trying to court/forum steer to a very favorable North Texas district. https://www.theguardian.com/technology/2024/oct/17/elon-musk-x-terms-of-services-texas https://www.theguardian.com/technology/2024/oct/17/elon-musk...
The days of the courts being balanced & reasonable seems over & it seems like companies have been super able to exploit this shift.
- blackeyeblitzar 2y agoIsn’t arbitration a result of legislation? Why haven’t various Congress of both parties or a mix undone it? Or changed its regulations to make it more fair? I don’t think this is something for the courts to decide as much as legislators personally
- eadler 2y agoIt is almost entirely court created. While the concept was originally created via legislation - it was never conceived to ever be used by consumers. https://arbitrationinformation.org/docs/problems/ https://arbitrationinformation.org/docs/problems/ At this point it does require legislative action to fix.