Kennedy seems to have the proper approach to this issue:
” Kennedy indicated that a loss for workers would not prevent them from acting in concert because they would still be able to join together to hire the same lawyer to bring claims, even though the claims would be arbitrated individually. That would provide “many of the advantages” of collective action, Kennedy said. ”
The decision on the arbitration issue seems to be in the hands of Kennedy, the usual swing vote. And his statement above indicates his posture, which would result in reversing the position taken by the NLRB during the Obama Administration. Hooray for that! Continue to MAGA by reversing each and every bad Obama Administration move intended to ‘fundamentally change America (for the worse)”.
How are people supposed to know which lawyer is representing “everyone” if they’re not in direct contact with the other parties?
If half of the people use lawyer “A” and I go talk to lawyer “B” about my case, do you REALLY expect “B” to say “you know what buddy. you’ve got a great case, but everyone else is using lawyer “A” so I’m going to refer you to him and not charge you anything.”?
Uh huh … because lawyers are such good people. Why would Lawyer “B” just hold the case and make bank when the case concludes instead of referring it to someone else and only getting a fraction of what they would’ve won if it wasn’t referred. end sarcasm.
I’m sure lawyers can get lists of employees for a specific class action type situation and contact each one directly through mail or intermediaries. It would depend on the severity of individual injuries or potential illnesses.
I would be remiss in my duty to make pertinent comments if I failed to include this important passage, an add a comment:
” Justice Department lawyer Jeffrey Wall said the NLRB made a “pretty radical move” five years ago when it claimed a worker’s legally protected right to act together to improve the workplace included the right to class-action lawsuits.
Federal labor law does not stretch so far that it prevents a court from enforcing an agreement to bring claims against employers in individual arbitration, Wall added.
“You can be protected from dismissal for retaliation when you seek class treatment up to the courthouse doors or the doors of an arbitral forum, but once you’re inside, you don’t have an entitlement to proceed as a class,” Wall said. ”
The key word, IMO, is in the last sentence of the quote. It is how Obama’s Administration tried to gain control over the electorate by making them dependent upon Democrat government expansion to bigger govt., but failed ultimately to convince the independent and prior non-voters who showed up at the polls on 11/8/16. The word is used in a legal setting, but carries the same political meaning here.
Class action suits are for attorneys only.. Good luck with $2.00 you’ll get after the attorneys take their share.. Arbitration is no good as well in most cases.. The best way to do it is go alone PRO Se or hire an attorney on your own if you have a real good case they will take it..
Kennedy seems to have the proper approach to this issue:
” Kennedy indicated that a loss for workers would not prevent them from acting in concert because they would still be able to join together to hire the same lawyer to bring claims, even though the claims would be arbitrated individually. That would provide “many of the advantages” of collective action, Kennedy said. ”
The decision on the arbitration issue seems to be in the hands of Kennedy, the usual swing vote. And his statement above indicates his posture, which would result in reversing the position taken by the NLRB during the Obama Administration. Hooray for that! Continue to MAGA by reversing each and every bad Obama Administration move intended to ‘fundamentally change America (for the worse)”.
How are people supposed to know which lawyer is representing “everyone” if they’re not in direct contact with the other parties?
If half of the people use lawyer “A” and I go talk to lawyer “B” about my case, do you REALLY expect “B” to say “you know what buddy. you’ve got a great case, but everyone else is using lawyer “A” so I’m going to refer you to him and not charge you anything.”?
Lawyer “B” could get a referral fee.
Uh huh … because lawyers are such good people. Why would Lawyer “B” just hold the case and make bank when the case concludes instead of referring it to someone else and only getting a fraction of what they would’ve won if it wasn’t referred. end sarcasm.
I’m sure lawyers can get lists of employees for a specific class action type situation and contact each one directly through mail or intermediaries. It would depend on the severity of individual injuries or potential illnesses.
The biggest winners in a class action suit are the attorneys.
Correction: the only winners.
I would be remiss in my duty to make pertinent comments if I failed to include this important passage, an add a comment:
” Justice Department lawyer Jeffrey Wall said the NLRB made a “pretty radical move” five years ago when it claimed a worker’s legally protected right to act together to improve the workplace included the right to class-action lawsuits.
Federal labor law does not stretch so far that it prevents a court from enforcing an agreement to bring claims against employers in individual arbitration, Wall added.
“You can be protected from dismissal for retaliation when you seek class treatment up to the courthouse doors or the doors of an arbitral forum, but once you’re inside, you don’t have an entitlement to proceed as a class,” Wall said. ”
The key word, IMO, is in the last sentence of the quote. It is how Obama’s Administration tried to gain control over the electorate by making them dependent upon Democrat government expansion to bigger govt., but failed ultimately to convince the independent and prior non-voters who showed up at the polls on 11/8/16. The word is used in a legal setting, but carries the same political meaning here.
Class action suits are for attorneys only.. Good luck with $2.00 you’ll get after the attorneys take their share.. Arbitration is no good as well in most cases.. The best way to do it is go alone PRO Se or hire an attorney on your own if you have a real good case they will take it..