This is a devastating day for justice in America. The U.S. Supreme Court just issued its decision in American Express Co. v. Italian Colors Restaurant and gave corporations a license to steal.
For years, the Court has been allowing corporations to force more and more cases into arbitration. In so doing, the Court has repeatedly insisted that arbitration clauses are only enforceable when they allow parties to “effectively vindicate their substantive rights.” Based on that premise, the Court has both portrayed and justified arbitration as simply a procedural alternative to litigation in court—one that is cheaper, faster and more efficient.
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