Tuesday, July 2, 2013
Erwin Chemerinsky has an op-ed in today's New York Times about three pro-business decisions from the recently-concluded Supreme Court term. He devotes a couple of paragraphs to Concepcion and then talks a little bit at the end about Italian Colors.
The article draws on these three opinions as examples of the pro-business bent of the current Supreme Court. The cases are in the areas of employment discrimination, product liability and arbitration. In all three areas, the Court made it harder this term for plaintiffs who are trying to sue commercial enterprises to get past a motion to dismiss.
Chemerinsky picks up on Justice Ginsburg's call for a legislative solution, but very few people believe our elected representatives are capable of (or interested in) addressing these issues.