Blog

November 26, 2013 In Blog

What does “consent” to Arbitration Actually Mean?

West Virginia Supreme Court insists upon meaningful consent to arbitration agreement By Paul Bland, Senior Attorney On Twitter! @Pblandbland Too often, courts treat “consent” by consumers or employees to mandatory arbitration clauses as essentially a meaningless formality – so long as some language in some…

November 18, 2013 In Blog Anti-Bullying

Pine Bush Anti-Semitic Bullying case shows why civil litigation is so important

By Sarah Belton, Cartwright-Baron Attorney Read the comments to the November 8 New York Times article about Public Justice’s Pine Bush bullying lawsuit and some themes are evident. The anti-Semitism these students faced is unacceptable. People expect that when students attend school they will be…

November 18, 2013 In Blog

Super Conservative Judge Alex Kozinski Inadvertantly Undercuts Rationale For Corporate Proposals to Narrow Discovery Under Federal Rules

By Paul Bland, Senior Attorney On Twitter! @PblandBland Last week, an outburst by Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, one of the most conservative and generally pro-corporate judges in the country, showed that the corporate arguments in…

November 8, 2013 In Blog Anti-Bullying

Swastikas, Nazi Salutes and Hate Speech in Pine Bush Schools: Why School Leaders Need an Education on Bullying Prevention

By Adele Kimmel, Managing Attorney “If being Jewish is so important to you, why would you move into a community that does not have a synagogue? If you want your kids to hang out with more Jewish children or have more tolerance, why would you…

November 5, 2013 In Blog

Little Blue Stops Running: Largest Coal Ash Dump in the Country May Cost Owner $150 Million to Clean Up, While EPA Ordered by D.C. Circuit to Craft Disposal Rules

By Richard Webster, Power-Cotchett Attorney, Environmental Enforcement Project Over the last month, three major events occurred that our victory at Little Blue Run either caused or encouraged that show how successful citizen suits against polluters have implications beyond the immediate relief obtained. This week, a…

November 4, 2013 In Blog

RESTAURANT (?!) THINKS IT’S IMPORTANT TO TAKE AWAY CUSTOMER’S LEGAL RIGHTS ON ITS WEBSITE

Corporate America doesn’t want to be accountable if they do anything to hurt you. By Paul Bland, Senior Attorney On Twitter! @PblandBland So how weird is this? The Daily Grill, a very fancy and pricey steak house, encourages people to buy gift cards and make…

November 2, 2013 In Blog

Did We Dodge a Bullet? Potential Mount Holly Settlement May Mean Disparate Impact Claims Escape High Court’s Review (For Now)

By Jessica Horne, George Washington University Law School Pathways to Practice Fellow Civil rights leaders are breathing tentative sighs of relief today as news breaks of a possible settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Many…

October 29, 2013 In Blog

CHEATED AGAIN: NEW FORCED-ARBITRATION DECISION WIPES AWAY CRUCIAL CALIFORNIA CONSUMER PROTECTION LAW

By Paul Bland, Senior Attorney Twitter: @pblandbland California’s consumer protection laws are often thought of as some of the best in the nation, and one reason for that is that they provide great remedies for broad, systemic public injunctive relief. For example, say a company…

October 22, 2013 In Blog

Jury Trials – Not Arbitration – Find the Truth, as Jamie Leigh Jones Case Shows

By Paul Bland, Senior Attorney Many recall the enormous amount of national publicity that surrounded the allegations of a KBR-Halliburton employee in Iraq named Jamie Leigh Jones. Jamie testified in both houses of Congress, made several television appearances, was prominently featured in the documentary Hot…

October 17, 2013 In Blog Anti-Bullying

Girls Charged with Felony in Suicide of Bullied 12-Year-Old: Why Civil Litigation Is a Better Approach

by Adele Kimmel, Managing Attorney Two girls, ages 12 and 14, have been criminally charged with a felony in the tragic case of Rebecca Ann Sedwick, a 12-year-old Florida girl who committed suicide last month after enduring a year of online and face-to-face bullying. As…