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Archive for April 2011

Classless

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In a 5-4 decision today, the U.S. Supreme Court reversed a ruling by the Ninth Circuit Court of Appeals which invalidated a clause in an AT&T contract prohibiting the filing of class action lawsuits.  

“Because it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress … the judgment of the Ninth Circuit is reversed,”  Justice Antonin Scalia wrote.

The court noted that federal law promoting arbitration trumped state laws that protect consumer rights.  Consumer advocates believe that it will limit the filing of class action lawsuits.

Written by Admin

April 27, 2011 at 6:56 pm

Posted in Uncategorized

Obamacare on Slow Track

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Politicians hoping to receive expedited consideration in their quest to declare  Obamacare unconstitutional received a dose of judicial reality today from the U.S. Supreme Court when the court refused to fast track a Virginia case.

Even though expedited consideration is considered by the court, but rarely granted, the case may be considered next fall when the court convenes.  Several state challenges are currently pending and will be considered by appeals courts this summer.

A key issue in the new health care law is whether the government can force people to buy insurance and to fine them if they don’t.

Written by Admin

April 25, 2011 at 10:05 am

Posted in Uncategorized