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corporations will be able to ban nearly all class actions against them.
10-IWP-051-GavelAdResize_V1.indd 1 1 DATE: 4/12/10
the Federal Arbitration Act preempts all state laws that stop them from banning class actions, including the state laws we have been relying on to prove these bans unconscionable, invalid, and unenforceable. If the Court accepts that argument, then unscrupulous corporations could steal millions in small individual amounts from their customers, workers, and investors and simply walk away with the money. We are working on our brief now.
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The Crucial Battles Ahead In mid-June, Columbia Law School Professor Jamal
Green, a former law clerk to Justice Stevens, wrote in Te National Law Journal, “In areas ranging from federal preemption of state tort suits to the rights of state prisoners to raise federal constitutional challenges through writs of habeas corpus to the right of private investors to sue those who aid and abet securities fraud, the Court’s conservatives have consistently sought to limit the opportunity of potential victims of wrongdoing to make their case before a judge or jury. [Te issue is] nothing less than the right to have rights…
In AT&T vVERSION:. Concepcion, the companies are arguing that JOB: 10-IWP-051 —
TRAFFIC: Vanessa G. AE:
Erica H. Stef H. DESIGNER: Brooke T.
Te next several weeks will involve a prolonged effort to excavate the jurisprudence of Stevens’ likely replacement, Elena Kagan. I hope she is asked what may be the most important question for any judge to answer: Will she keep the courthouse doors open?” Te U.S. Supreme Court is now deciding, in case after
4/12/10 3:01:52 PM
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case, whether it will keep the courthouse doors open. Te battles ahead are crucial to our nation and our system of justice.
ACCT SERVICE PROD PROOFING Te Supreme Court symbolizes – and embodies – the
courts’ critical role in ensuring access to justice in America. Now we have to convince the Court to preserve it.
Biography Arthur Bryant is the Executive Director of Public
Justice, a national public interest law firm supported by – and able to call on and work with – over 3,000 of the top trial lawyers in the country. To learn more about and support Public Justice and its Access to Justice Campaign, see www.
publicjustice.net.
Trial Reporter / Fall 2010 23
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