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Tag: contract

December 02, 2014

Contracts: A trade analogy

Fans of the Oakland Athletics know that the team has just made a big trade. Supporters of Pacific Legal Foundation know that PLF’s Free Enterprise Project defends freedom of contract across the country, including the right of parties to be bound by the words of the contract instead of vague notions of abstract justice. ...

September 29, 2014

Must BP compensate people who were never harmed by BP?

60 minutes has a fascinating piece that illustrates many of the problems with the civil justice system today.  After the Deepwater Horizon spill in 2010, BP entered into a settlement agreement in which it agreed to pay businesses for losses to that arose following the oil spill.  But plaintiffs’ attorneys interpreted that clause to mean ...

August 22, 2012

Consumers and businesses may agree to resolve disputes in individual arbitration, even in Massachusetts

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that states could not invoke "public policy" or "unconscionability" as a reason to invalidate arbitration agreements that contain a class action waiver.  The Federal Arbitration Act demands that arbitration agreements be considered the same as any other type of contra ...

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