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Except now, with forum shopping & 5th district courts, companies are getting everything they asked for.

And the activist court will bend over backwards to make new pro-business pro-partisan (imo anti-human) precedent whenever they can. Hardly a symbol of partisan restraint, the Supreme Court has sent words down to the 5th, for example, in pretty bold terms. https://www.reuters.com/legal/musks-x-seeks-steer-lawsuits-c...

They weren't using arbitration before afaik, but ExTwitter for example is trying to court/forum steer to a very favorable North Texas district. https://www.theguardian.com/technology/2024/oct/17/elon-musk...

The days of the courts being balanced & reasonable seems over & it seems like companies have been super able to exploit this shift.



Isn’t arbitration a result of legislation? Why haven’t various Congress of both parties or a mix undone it? Or changed its regulations to make it more fair? I don’t think this is something for the courts to decide as much as legislators personally


It is almost entirely court created. While the concept was originally created via legislation - it was never conceived to ever be used by consumers.

https://arbitrationinformation.org/docs/problems/

At this point it does require legislative action to fix.




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