Articles Tagged with binding arbitration

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170428100933-trump-white-house-0425-1024x576-300x169The rights of the elderly, particularly those who have suffered abuse, neglect, or assault in a nursing home, may be seriously impacted in the near future. Last year, as President Obama’s final term was winding down, his administration stopped allowing nursing homes that receive federal funding from requiring that their new residents sign a binding arbitration agreement. Binding arbitration agreements prevent plaintiffs — in this case the elderly residents —  from ever taking the nursing homes to court. Instead, the residents would be forced into an out-of-court arbitration conducted by an industry-friendly arbitrator.

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Uber-app-300x225When you click “accept” under the multi-paragraph “Terms and Conditions” portion of the Uber app, are you really bound by those terms? How about if those terms strip you of your constitutional rights?

Uber, the cell-phone based transportation company, is working to make sure the answer to both of those questions is an unambiguous “Yes.” Now, with their new terms of use, which became effective on November 21, 2016, Uber may have succeeded.

At stake is nothing less than your constitutional right to sue a wrongdoer in court. Uber is once again seeking to waive the customer’s right to seek justice in a court of law even in such cases of death or passenger sexual assault.
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