Description
Disney recently backtracked on its attempts to force arbitration on a widower who who filed a wrongful death lawsuit but, it said, had agreed to not take the company to court when he signed up for a free trial of its streaming service. This about-face, which followed a wave of bad publicity for Disney, may be the exception, not the rule, according to a law professor who specializes in arbitration.
David Horton calls these agreements "infinite arbitration" clauses because they force consumers to arbitrate all claims against a company—even claims that have no connection to the original agreement. And the University of California, Davis, professor says infinite arbitration claims are everywhere now, especially tucked into the online terms-of-service agreements that consumers rarely, actually read.
On this episode of our podcast, On The Merits, Horton talks about how the Supreme Court opened the door for these types of broad arbitration clauses, and why he thinks the issue could be heading back there in the future.
Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
A group of antitrust lawsuits blames the nationwide affordable housing crisis in part on a conspiracy among some of the country's top landlords to drive up rent using artificial intelligence tools.
The scheme allegedly works through property management software that crunches data provided by its...
Published 11/05/24
At the New Jersey state supreme court, all of the justices seem to get along–even though they maintain a 4-3 partisan split in their ranks.
The unique system, based on an unwritten rule that the governor will select justices and maintain a 4-3 balance politically, leads to an extraordinary amount...
Published 10/31/24