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Public Justice

Bartlett: A nonsensical result required by neither law nor policy

By Claire Prestel, Staff Attorney I know everyone is eager for the Supreme Court’s rulings on gay marriage and voting rights. But don’t let the Court’s alarming ruling today on generic drugs get lost in the shuffle: By a 5-4 vote, reflecting the typical right/left…

Supreme Court Sides with American Express on Arbitration

“This is a devastating day for justice in America,” said Public Justice Executive Director Arthur Bryant. “The U.S. Supreme Court just issued its decision in American Express Co. v. Italian Colors Restaurant and gave corporations a license to steal.” And in today’s blog post, Senior…

Brief Argues FINRA Not Preempted, Brokerage Firms Cannot Ban Class Actions

Public Justice has just partnered with the AARP and the National Consumer Law Center (NCLC) on a brief challenging Charles Schwab’s position that the Federal Arbitration Act (FAA) preempts Financial Industry Regulatory Authority (FINRA) rules. In October 2011, Schwab mailed out amendments to its investor…

Worst Supreme Court arbitration decision ever

By Paul Bland, Senior Attorney So, today, in American Express v. Italian Colors, the U.S. Supreme Court said that a take-it-or-leave-it arbitration clause could be used to prevent small businesses from actually pursuing their claims for abuse of monopoly power under the antitrust laws. Essentially,…

Pittsburgh citizens protest UPMC’s use of 14th Amendment to sue city

By Claire Prestel, Staff Attorney The outrage is building against the University of Pittsburgh Medical Center’s unsavory claim that its civil rights are being violated by the City of Pittsburgh’s challenge to its tax-exempt status. A few weeks ago, I blogged about Pittsburgh’s lawsuit against…

Global warming: The good news and the bad

By Richard Webster, Power-Cotchett Attorney As I keep up with the news on global warming, I find myself alternately pessimistic and hopeful. Most of the world is behaving like addicts. We prefer to pretend either that we don’t have a problem or that we don’t…

Schwab prefers no regulation

By Amy Radon, Staff Attorney We talk a lot around here about the class action. How it’s a mechanism consumers sometimes need available to them to challenge corporate greed. The same holds true for investors. Securities brokerage firms have long resisted government regulation of the…