Arbitration Agreements And FCA: Lessons From 9th Circ.

By Scott Oswald and Andrew Witko (October 23, 2017, 12:16 PM EDT) -- Most arbitration provisions are a naked power play, wresting legal options away from the consumers, employees and small business owners who must sign take-it-or-leave-it contracts with larger entities. The U.S. Supreme Court has been disappointingly tolerant of such maneuvers, implying in cases such as American Express Co. v. Italian Colors Restaurant that the Federal Arbitration Act will enforce virtually any litigation waiver that sports a fig leaf of mutual consent....

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