The recent trend is about atomizing plaintiffs. Not many people have the financial resources to bring a case on their own, and lawyers tend not to bring contingency fee cases for a single plaintiff without multi-million dollar damages.
Here are some recent cases:
AT&T Mobility v. Conception (2011): Class actions are not an exception to the FAA. That means companies get to fight 1000 little guys individually instead of fighting them as a group.
American Express v. Italian Colors (2013): You have to arbitrate on your own even if the harm is so small that individual arbitration is not economically viable. In other words, you can’t sue unless you have >=$100k for a lawyer or multi-million dollar damages.
Epic Systems Corp v. Lewis (2018): You have to arbitrate on your own even if the harm was interference with your right to concerted activity. In other words, if you are harmed while trying to organize as a group you have to defend yourself on your own.
Arbitration is a Kangaroo court. Large companies are repeat players, and "the little guy" plays once. It is ugly, undemocratic, and wrong. Even the Federal government is trying to force people into arbitration [1].
Here are some recent cases:
AT&T Mobility v. Conception (2011): Class actions are not an exception to the FAA. That means companies get to fight 1000 little guys individually instead of fighting them as a group.
American Express v. Italian Colors (2013): You have to arbitrate on your own even if the harm is so small that individual arbitration is not economically viable. In other words, you can’t sue unless you have >=$100k for a lawyer or multi-million dollar damages.
Epic Systems Corp v. Lewis (2018): You have to arbitrate on your own even if the harm was interference with your right to concerted activity. In other words, if you are harmed while trying to organize as a group you have to defend yourself on your own.
Arbitration is a Kangaroo court. Large companies are repeat players, and "the little guy" plays once. It is ugly, undemocratic, and wrong. Even the Federal government is trying to force people into arbitration [1].
[1] https://www.citizen.org/article/forced-arbitration-wall-of-s...