Class actions

  • July 24, 2015
    Video Interview

    by Nanya Springer

    Some talk this week centered on the issue of reforming the U.S. Supreme Court, with one irresponsible proposal gaining moderate attention, but Erwin Chemerinsky has been talking about fixing the Supreme Court for years.  In an interview with ACSblog, Chemerinsky ‒ the Distinguished Professor of Law and Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law ‒ describes the Supreme Court’s greatest failures and proposes responsible solutions.

    Chemerinsky recalls the Lochner Era ‒ a period during which the high court struck down more than 200 laws enacted to protect consumers and employees, using the rationale that such laws interfere with freedom of contract. While the Lochner Era ended nearly a century ago, Chemerinsky explains that today’s Roberts Court “is the most pro-business Supreme Court that we’ve had since the mid-1930s.”

    This claim, as Chemerinsky notes, is backed up by empirical studies. From restricting the availability of class action suits and favoring binding arbitration to weakening the influence of unions, the Roberts Court has consistently sided with corporations over consumers and employees—all while refusing to recognize poverty as a suspect classification and determining that education is not a fundamental right.

    Chemerinsky offers reasonable proposals, such as imposing 18-year nonrenewable term limits, allowing cameras inside the Court and insisting that the justices conform to the same ethical standards, particularly with regard to recusal, as judges on other courts.

    Watch the full interview here or below.

  • June 10, 2015
    Guest Post

    by Arthur BryantChairman of Public Justice

    * This post originally appeared on the blog for Public Justice

    Corporate America and irresponsible government officials consistently trash lawsuits as “frivolous” and trial lawyers as “greedy.” Why? Because lawsuits and trial lawyers hold them accountable when they abuse their power, break the law, and violate people’s rights.

    Want proof? Just look at the five finalists for Public Justice’s 2015 Trial Lawyer of the Year Award. This coveted honor goes annually to the lawyers who won the verdict or settlement that made the biggest contribution to the public interest in the past year.

    David v. Signal International

    In 2005, Signal International, a large contractor in Alabama and Mississippi, was hired to help rebuild the Gulf Coast in the wake of Hurricanes Rita and Katrina. It recruited nearly 500 pipefitters and welders from India with promises of good jobs and permanent U.S. residency. The recruits paid $10,000 to $25,000 just to be considered. But Signal brought them here on guest worker visas, with no possibility of residency; forced them to live in “man camps” on “the reservation,” with up to two dozen workers in a trailer with one bathroom; and deducted $1,050 monthly from their pay to do so. When Signal learned some workers were organizing to take action, they locked those workers in a trailer, terminated the leaders of the organizing movement and attempted to forcibly deport them. One became so distraught he attempted suicide.

    The Southern Poverty Law Center (SPLC) and a team of public interest and private attorneys fought for seven years – and continues to fight – to hold Signal accountable. When the judge would not let the case proceed as a class action, the SPLC recruited an extraordinary group of lawyers to represent hundreds of workers  in a dozen related lawsuits in multiple jurisdictions on a pro bono basis. David v. Signal International was the first to go to trial. Led by Alan Bruce Howard of Crowell & Moring in New York, with other attorneys from that firm, the SPLC, the American Civil Liberties Union, the Asian American Legal Defense and Education Fund, the Louisiana Justice Institute in New Orleans, and Sahn Ward Coschignano & Baker in Uniondale, NY, the lawyers navigated numerous complex challenges, including explaining immigration law to jurors and presenting testimony from workers who did not speak English. They won a unanimous $14 million jury verdict for five workers in a four-week trial. The jury found Signal had engaged in labor trafficking, fraud, racketeering and discrimination. This is the largest labor trafficking litigation in U.S. history. The David verdict is just the beginning. The claims of the other workers have yet to be heard.

  • January 27, 2015

    by Nanya Springer

    The Constitutional Accountability Center recently released the fifth installment of its year-long series, “Roberts at 10,” in which Brianne Gorod details the ways Chief Justice John Roberts’ voting record has undermined the public’s access to the courts.  She points out that Roberts has consistently taken positions limiting the scope of the standing doctrine, heightening pleading requirements, restricting exceptions to state sovereign immunity and expanding arbitration.  In fact, as Gorod notes, the Chief Justice has sided with the majority in every significant decision bolstering mandatory arbitration agreements, while every case expanding access to the courts has received his emphatic dissent.

    This restricted access to the courts, and in particular the expansion of arbitration as a mandatory alternative dispute remedy, has had far-reaching negative consequences for consumers and workers.  Governed by the Federal Arbitration Act, written arbitration agreements have become a ubiquitous, lurking menace, surfacing to harm consumers again and again and again

  • December 13, 2013

    by Caroline Fredrickson, ACS President

    Since its founding in 2001, ACS has enjoyed the great fortune of a consistently strong Board of Directors, with some of the nation’s leading academics, practitioners and activists serving. At our recently scheduled Board meeting we said goodbye to a few long-serving members and selected a new Board chair, David M. Brodsky.  

    David’s legal career is a highly distinguished one. He was formerly a partner of the global law firm Latham & Watkins LLP. Some of his duties included advising foreign and domestic companies with respect to investigations of suspected criminal conduct, complex securities litigation, including class actions and other regulatory investigations and enforcement actions.   

    He is now the sole principal of a mediation and arbitration firm in New York City. Before launching Brodsky ADR LLC to help effectively solve complex disputes, David spent decades building a nationally recognized reputation as one of this nation’s greatest trial lawyers.

    There’s more to the story. David has served as a federal prosecutor, a general counsel to an investment bank and on numerous pro bono boards. His energy and dedication to the legal profession and to making justice accessible is extraordinary. Indeed his very rich, varied legal career has won him honors from numerous national legal publications, being consistently named among the top 100 “Super Lawyers” in New York and listed in the 2012 Best Lawyers in America survey.

    David, in an eloquent ACSblog post, paid tribute to some of ACS’s long-serving Board members whose terms recently ended. But ACS members, supporters and friends should get to know David. He’s an inspiring figure and a tireless advocate of ACS’s work. We’re grateful he’s taken a leadership role on the Board.  

    [image via Brodsky ADR LLC]

  • November 25, 2013
     
    Every year, a few blockbuster Supreme Court oral arguments and decisions dominate the news. In 2013, voting rights, LGBT equality, and affirmative action in education took center stage. Many Americans, whether lawyers or not, understood that these decisions could affect their own lives.
     
    Almost under the radar, however, the Court has been chipping away at the very process that enables the American people to seek redress in court when they’ve been injured. In particular, the Court’s decisions enforcing arbitration clauses and class action waivers have closed the courthouse door to litigants harmed by corporate wrongdoing. Most recently, in American Express Corp v. Italian Colors last Term, the Court ruled that class action waivers are enforceable even when they render it functionally impossible for plaintiffs to vindicate their rights under federal law.
     
    Rich Freer, the Robert Howell Professor of Law at Emory Law School, explains the impact of these cases.