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Paul Bland
Interests: My favorite five rock stars of all time are Jerry Garcia, Jeff Tweedy, P.J. Harvey, Ani DiFranco, and Jimmy Page
Recent Activity
By F. Paul Bland On Twitter @PblandBland This is a classic good news/bad news type of case for plaintiffs. The good news is that a court struck down as unconscionable an arbitration clause that imposed enormous fees on an individual... Continue reading
Posted Oct 6, 2013 at Consumer Law & Policy Blog
By Paul Bland, On Twitter @PblandBland This is a case with very painful facts – according to the complaint, a Kaiser patient went in to see his doctor and was told he had a particular type of cancer that his... Continue reading
Posted Oct 3, 2013 at Consumer Law & Policy Blog
By Paul Bland On Twitter: @PBlandBland In the wake of recent Supreme Court decisions, forced arbitration clauses are generally enforced unless a corporation sticks something particularly overreaching and unfair in its arbitration clause, or drafts an arbitration clause in an... Continue reading
Posted Sep 12, 2013 at Consumer Law & Policy Blog
by Paul Bland On Twitter @PblandBland In Setlock v. Pinebrook, a Pennsylvania appellate court read a nursing home's arbitration clause to cover only the types of disputes named, refusing the home's invitation to re-write the clause more broadly. This is... Continue reading
Posted Sep 9, 2013 at Consumer Law & Policy Blog
I agree that the distant forum issue is not present with AAA or JAMS. A big part of my practice is having consumers or consumer lawyers show me arbitration clauses and ask for my advice as to if and how they might be challenged. My experience, which admittedly is anecdotal and not scientific, but from a fairly large sample, suggests that many smaller market players are moving away from AAA (and very few of them use JAMS). I see more and more small lenders, credit repair organizations, and similar entities using arbitration firms with vague names and vague websites, about whom no one seems to know anything. This isn't an issue with major corporations like Citibank or AT&T or whatnot, but for smaller players, I am seeing more provisions that would have been struck down by most courts just a few years ago. Distant forum provisions, loser pays clauses, limitations on damages and attorneys' fees -- these had been disappearing from arbitration clauses a few years ago, and in the wake of the Rent-A-Center case my strong impression is that a growing number of smaller corporations are feeling adventurous and emboldened to use plainly terms.
By Paul Bland, Senior Attorney at Public Justice @PblandBland Periodically, people ask me rhetorical questions like, "How much worse can the law of arbitration get? I mean, it's so incredibly bad that it has to have bottomed out, right?" As... Continue reading
Posted Sep 4, 2013 at Consumer Law & Policy Blog
by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi... Continue reading
Posted Aug 29, 2013 at Consumer Law & Policy Blog
By Paul Bland @PblandBland The last few years have often been pretty discouraging for consumer advocates who are trying to preserve their clients’ rights to take disputes to court. As the Supreme Court majority’s madcap love affair with forced arbitration... Continue reading
Posted Aug 19, 2013 at Consumer Law & Policy Blog
The plaintiffs make what sound like serious and detailed allegations involving price fixing against Travelocity (agreement not to resell hotel rooms below fixed price, most favored nation restrictions, etc.). But wait, you can guess what happens. Because, of course, Travelocity... Continue reading
Posted Jul 8, 2013 at Consumer Law & Policy Blog