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Police hunt for gunman after UnitedHealthcare CEO is killed in Midtown Manhattan; Record number of women to serve in state legislatures nationwide; Onions caused McDonald's E. coli outbreak, but beef production still a concern; Detroit suburb revitalized by federal funds.

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Trump reportedly is considering replacing Pete Hegseth as defense nominee, the French PM is ousted, South Korea rejects martial law, Montana blocks a trans bathroom ban, and women's representation in state legislatures hits new highs.

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Limited access to community resources negatively impacts rural Americans' health, a successful solar company is the result of a Georgia woman's determination to stay close to her ailing grandfather, and Connecticut looks for more ways to cut methane emissions.

FAIR Act would prevent companies from evading responsibility, supporters say

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Wednesday, October 23, 2024   

Critics of recent court cases they say allow corporations to evade responsibility are pointing to legislation in Congress that could fix this issue. Large companies often urge arbitration in cases where legal disputes arise, such as for a couple in New Jersey that was injured when an Uber driver ran a red light. The couple sued Uber but was rebuffed because their daughter checked the company's terms and conditions agreement which says riders will settle disputes through arbitration rather than in court.

Jagjit Nagra, head of Oregon Consumer Justice, said these agreements can often appear dishonest.

"These mandatory clauses that are buried in the fine print - they're there to evade accountability, and what it does is it funnels disputes into a private system that more often than not favors corporations over individuals rather than it playing out in a court of law," Nagra added.

A similar case recently played out in a wrongful death case against Disney, and the Oregon Supreme Court ruled in a 2022 case in favor of employers that require arbitration to settle employment-related disputes. Companies with arbitration clauses have argued the process is quicker and less costly than court. But Nagra said the Forced Arbitration Injustice Repeal, or FAIR Act in the U.S. Senate would take this process off the table. The bill has support from Oregon Senators Ron Wyden and Jeff Merkley.

Nagra added the FAIR Act would apply in a variety of cases, including employment, consumer, antitrust, and civil rights disputes. He says the court process is more transparent, which is good for the public.

"Say there's an unsafe product or a fraudulent practice, what have you. This allows folks to be able to hold these corporations and other bad actors accountable in a public process," he said.

Nagra noted the arbitration process has different rules than court, concerning evidence, for example, and added evidence can be admitted in arbitration that is irrelevant or based on hearsay.

"Something that would be anathema in a court of law can take place there because they're private proceedings. And the judges are privately paid for judges by the arbitration company," he continued.

Disclosure: Oregon Consumer Justice contributes to our fund for reporting on Consumer Issues, Human Rights/Racial Justice, Poverty Issues, Social Justice. If you would like to help support news in the public interest, click here.


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