Op-eds and Articles

Goldberg for the Washington Examiner: “Forcing More Litigation Isn’t the Answer to Litigation Abuse”

By / 7.30.2019

To avoid the expense and stress of going to court, Americans are turning to arbitration to settle workplace, and other, disputes. Free enterprise depends on businesses, employees, and consumers to be able to resolve disputes quickly and fairly. Plaintiffs’ lawyers, who file lawsuits for a living, are trying to convince Congress to take that option away.

The House recently held a hearing to ban pre-dispute arbitration agreements in employment, consumer, and anti-trust matters. Their supporters are attaching anti-arbitration clauses to various bills, including the National Defense Authorization Act this month, and want action on a comprehensive ban (the “FAIR Act”) before recess. They also are trying to leverage the #MeToo movement, which is critical to the success of women in the workplace, to suggest that courts are the only places for protecting people’s rights.

 

Read the full piece by Phil Goldberg by clicking here.