March 2013

Forbes contributor John Wasik shares his opinion on how forced arbitration clauses systematically snub individual investors and small businesses:

“Main street won’t get a fair shake against Wall Street until little guys get their day in court.

But under current rules enforced by the industry’s self-regulator, at nearly every turn, they’re not even allowed to get into a courtroom, thanks to an agreement that limits them to binding arbitration that the industry controls.

Take Justice Back highlights the story of Karen Bartlett, a victim of a dangerous generic drug

Washington, DC — Simply because Karen Bartlett’s prescription was filled with a generic drug, not a brand, her legal rights are now in doubt.  The U.S. Supreme Court will hear Karen's case, Mutual Pharmaceutical v. Bartlett, today about the legal responsibility generic manufacturer’s have for the safety of their drug.  Take Justice Back is highlighting her story and fight for accountability with a new online video of Karen sharing her story in her own words.  

This post was originally published on Hightower Lowdown and can be found here.

Arbitration sounds fair, but forced arbitration is the exact opposite

Corporate kangaroo courts have quietly usurped our constitutional right to trial by judge and jury

Edited by Jim Hightower and Phillip Frazer 

Being wronged by a corporation is painful enough, but getting your day in court is no picnic either. Aside from having to go up against a deep-pocket corporation's pack of snarling lawyers, the judicial system itself is cumbersome, slow, and costly. And to us uninitiated outsiders, a courtroom's cult-like rituals, punctilious language, and black-robed authoritarians are intimidating. No wonder so many of the workers, consumers, small businesses, and others who get stomped on by the corporate powers shy away from taking their legitimate grievances into those chambers.

This post was originally published on Public Justice’s blog and can be found here.

By Claire Prestel, Staff Attorney, Public Justice 

On Tuesday the U.S. Supreme Court will hear argument in a case called Mutual Pharmaceutical Co. v. Bartlett, which will decide whether generic drug makers can be held responsible for the harm their products cause. Public Justice joined an amicus brief filed by the American Association for Justice because this case presents a critical access to justice issue for millions of American patients: the Supreme Court will decide whether patients injured by generic drugs can recover from the profitable drug companies that caused them harm, or whether the drug makers can force patients to bear all the costs of their drug-caused injuries.