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The Corporate Observer A Publication by Attorneys Devoted to Protecting Consumer Rights

A Sad Day for Small Business and Consumers

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Today’s 5 to 4 decision by the United States Supreme Court perhaps puts the final nail in the coffin of consumers’ and now small businesses’ abilities to assert their statutory rights  and maintain a “level playing field in disputes of any kind against major corporate interests.”  Antonin Scalia not surprisingly gleefully pounded that nail, claiming it doesn’t matter if consumers (or in the case of Italian Colors — ironically a  small Italian restaurant) were attempting to assert their rights under the federal antitrust laws — they were out of luck.  The Federal Arbitration Act trumps all and has been erected by the Roberts court as nothing short of the “Great Wall of China” to protect corporate interests and defeat the efforts of small business and consumers to simply have their day in court.
In dissent, Justice Kagan could only look on in disbelief and describe the decision as a “betrayal.”   I commend Paul Bland’s excellent blog on the case.  http://publicjustice.net/blog/worst-supreme-court-arbitration-decision-ever
Only time will tell the full impact of this decision, but no doubt if past is pattern, corporate interests will set forth upon a new era far more harsh and unforgiving to the interests of consumers and small businesses.