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Morning Consolidation

17. Re: Morning Consolidation Dec 8, 2011, 18:08 Beamer
Dades wrote on Dec 8, 2011, 17:33:
Zero chance of that. He'll file the class action lawsuit, same as ever, and let the judge sort it out.

The supreme court already allowed these clauses, the judge likely would be forced to say you signed the right away through the agreement and he'll be right. Why are you trying to make this sound like nothing? If it was worthless Microsoft wouldn't have changed the agreement. Microsoft didn't say we couldn't go to Neptune, an imaginary right if ever there was one. Their goal is to remove a very real one.

Yes, the Supreme Court allowed it in the AT&T case. Was that a click-through?
And since the Supreme Court case several State courts have still allowed class action lawsuits to be filed and continued.

The Supreme Court did not say "this is always acceptable under all circumstances."

From Florida:
"And yet, Concepcion has changed nothing in that a thorough, case-by-case analysis of the applicable state law doctrine of unconscionability, applied to the specific terms of an arbitration agreement, is still required. In sum, Concepcion has not relieved courts from their obligation to scrutinize arbitration agreements for enforceability on a case-by-case basis where one party resists arbitration; rather, Concepcion provides guidance as to what courts may consider when fulfilling that obligation." NJ also invalidated arbitration agreements as recently as August. NM did it in July.
Music for the discerning:
Previous Post Next Post Reply Quote Edit Delete Report
    Date Subject Author
  1. Dec 8, 12:09 Re: You can't opt out of the "no class-action" Xbox 360 TOS update after all mch
  3. Dec 8, 12:36  Re: You can't opt out of the Verno
  2. Dec 8, 12:16 Re: Morning Consolidation winnetou
  22. Dec 9, 21:13  Re: Morning Consolidation Ant
  4. Dec 8, 12:44 Re: Morning Consolidation avianflu
  5. Dec 8, 12:49  Re: Morning Consolidation Verno
  6. Dec 8, 13:55   Re: Morning Consolidation theyarecomingforyou
  7. Dec 8, 14:27    Re: Morning Consolidation Beamer
  8. Dec 8, 14:32    Re: Morning Consolidation LittleMe
  9. Dec 8, 14:48     Re: Morning Consolidation theyarecomingforyou
  10. Dec 8, 14:48     Re: Morning Consolidation mch
  11. Dec 8, 15:11      Re: Morning Consolidation Zarkonis
  12. Dec 8, 15:18       Re: Morning Consolidation Beamer
  13. Dec 8, 15:35        Re: Morning Consolidation theyarecomingforyou
  14. Dec 8, 16:55        Re: Morning Consolidation Dades
  15. Dec 8, 17:00         Re: Morning Consolidation Beamer
  16. Dec 8, 17:33 Re: Morning Consolidation Dades
>> 17. Dec 8, 18:08  Re: Morning Consolidation Beamer
  19. Dec 8, 20:44   Re: Morning Consolidation Dades
  20. Dec 9, 10:36    Re: Morning Consolidation Beamer
  21. Dec 9, 11:17     Re: Morning Consolidation Dades
  18. Dec 8, 19:32 Re: Morning Consolidation Ruffiana


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