CHANNILLO

Chapter Thirty-Six: Of the Corporations, By the Corporations and For the Corporations (2)
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BLACK MONDAYS

 

The majority opinion was written by Justice Antonin Scalia, and joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito. “Requiring the availability of classwide arbitration interferes with fundamental attributes of arbitration,” Scalia wrote. “We find it hard to believe that defendants would bet the company with no effective means of review, and even harder to believe that Congress would have intended to allow state courts to force such a decision.”

Justice Antonin Scalia said the lower courts had failed to properly apply the Federal Arbitration Act, which overrides some state court decisions disfavoring arbitration. The dissent was written by Justice Stephen Breyer, and joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Ele...

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