Recent legislation and protests have brought media and legal attention to the topic of forced arbitration. The troubling issue is that many companies are including clauses in their intimidatingly long contracts which state that any complaints from consumers must be settled through arbitration, rather than in court. Arbitration exists as an alternative to a civil claim brought through a state or federal court, in order to lighten the load faced by the legal system. However, when customers have no choice in how to pursue claims, they are denied their Seventh Amendment right to a trial by jury for civil matters.
Normally, premises liability laws relieve a landowner of any liability for injuries sustained by those who have trespassed on the property. However, an exception to this rule exists in the attractive nuisance doctrine. According to this legislation, an owner may be held responsible if a child is injured on the property through certain conditions, even if the child is trespassing.
The seventh amendment of the U.S. Constitution grants Americans the right to a trial by jury if they are seeking compensation in a civil matter. However, the Federal Arbitration Act has created the opportunity to settle disputes through other means instead.
Fun costumes, spooky decorations, and trick-or-treating make Halloween an exciting holiday for kids across the country. According to the U.S. Census Bureau, over 41 million children will be out in neighborhoods, looking for candy and other sweets. However, far too many children end up injured or even killed through unsafe practices on this holiday. In fact, about twice as many child pedestrians are killed on Halloween than any other day of the year. There are many Halloween safety practices that we can all observe to keep kids safe this weekend.
The Federal Arbitration Act (FAA) was established in 1925, granting both state and federal courts the ability to facilitate private disputes through a process called arbitration. This essentially gives legally binding power to the results of a dispute which is settled outside of court under certain guidelines. However, since this important legislation was passed, there have been a number of landmark cases that have shaped the way in which this Act is applied.
A number of jobs and tasks require the use of harsh or toxic chemicals. Even the simple act of running a machine can contaminate a work environment with hazardous fumes. When workers are exposed to these toxins, they can face both immediate and long-term threats of illness.
To protect the ability of both plaintiffs and defendants, the 7th Amendment was included in the Bill of Rights in the Constitution. This Amendment grants citizens that “the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
A car accident can change everything in an instant, leaving grieving family members and a reeling community. In an example close to home, this weekend saw a horrific tragedy for North Central Texas College, when four women’s softball players were killed in a car accident on the way home from a scrimmage in Bethany, Oklahoma.