Arbitration – judgment by the adversary’s whore

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“Pivotal nursing home suit raises a simple question:  Who signed the contract?”[1]  is a New York Times article focused on replacing due-process courts of law with private arbitration, but specifically with regard to nursing homes.  The arbitration clause in the standard contract was used by the nursing home to side step due process, causing a mentally ill resident to be charged with homicide while the nursing home suffered no liability, not even a paltry fine for criminal negligence.

Arbitration is in fact a kangaroo court.[2]

In this nursing home case, they questioned whether people can forfeit due process on behalf of another person without power of attorney.  I question the entire arbitration process as being outside of the scope of law under the organic documents that govern America, most particularly the Bill of Rights:

Article the seventh… No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[3]

The nursing home completely sidestepped criminal investigation and prosecution by virtue of the arbitration clause contained in the residency agreement signed by every patient.  One cannot get nursing-home care without signing that agreement first.

To be refused goods, services, or employment
unless you sign a contract forfeiting all your rights
is duress.  Duress does not require a gun.

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In this picture of a newspaper article, it is made clear that duress does not require a gun to the head.  In fact, the circumstances in this article make it clear that all contracts for goods, services, or employment containing an arbitration agreement constitute duress.  They cannot be valid agreements because you are not allowed the good, service, or employment without first giving up your rights; your liberty.

The American justice system discarded the courts of equity state by state, allegedly “merging” with common-law courts that today seem to forget equity even exists.  As a result, there is no equity to be considered when strict compliance with contract law is used to discard justice, except in the rarest of cases like in the pictured article.  Normally, the standard judgment from a court is, you signed it, you agreed to it, even if you can’t read.

The New York Times article on the nursing home even provided an excellent example of how the common-law application of contract law without equity cannot result in injustice:

“In a circuit court case involving a man in a Mississippi nursing home who could not read, write or sign his name, the judges held that under state law, “illiteracy alone is not a sufficient basis for the invalidation of an arbitration agreement.”[4]

There is no equity at all in this decision.  Clearly the illiterate man cannot be held responsible for agreeing to something that he could not read and that was not clearly explained to him.  And that is my entire argument against arbitration being permitted contractually in lieu of the American justice system as contemplated in Article III of the united States Constitution.

Unconstitutional private arbitration is being contractually forced on the public in lieu of due process in a constitutional court of law.  You cannot sign a contract today for a good, service, or employment without being required to sign away your right to due process.

There is no longer an option left.
That is duress.

Arbitrators are paid whores.  Arbitration firms are private businesses that make a profit from arbitration.  I want that to sink for a moment.  The primary goal of arbitration firms is not found in justice but, rather, is found in the bottom line of the profit and loss statement.

I worked labor and employment defense long enough to know just what a racket arbitration is.  Let me give you a glimpse of this racket from that perspective.

Back in 2005, the federal district court filing fee was $400.  The arbitration filing fee was $7,000.  It’s cheaper for the corporate client because of less attorney fees as the paid whore rubber stamps the paying corporation’s expected decision.  Never in any labor-and-employment cases have I seen an employee pay half the fee.  They can’t afford it!

That means the arbitrator is owned and operated by the paying party, the corporation.  And the results of the cases they heard proved it.  98% were in favor of the paying party, the corporation.

I even saw a case of blatant racial discrimination against a black man.  The EEOC, a kangaroo court that must be visited first, automatically rubber stamped the corporation’s claim that no racial discrimination occurred.  The young man was smart enough to go to federal district court, fill out the federal petition form provided and plead indigent status for the filing fee.  This was a rare case in which the judge appointed free legal counsel in a civil matter, which is normally unheard of in American courts.  Normally, American courts only appoint free legal counsel in criminal cases.

Unlike the smart young man in that case of blatant discrimination, most employees have no legal rights whatsoever because of duress.  They are forced to sign away their rights in order to have employment or buy a good or service.

Today, we have no option to signing arbitration agreements.
That is duress.

Apparently, private arbitration is unconstitutional and un-American.  It is a foreign practice illegally imported into the united States by the criminal American Bar Association.[5]  It is being collusively used by the legal [sic] profession and corporations to strip you of your rights.  Private arbitration must be outlawed in America if we are to ever see justice again.

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[1] http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html?smid=tw-nytimes&smtyp=cur

[2] http://www.merriam-webster.com/dictionary/kangaroo%20court

[3] http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html  Notice the original text of the Bill of Rights does not refer to “amendments” to the Constitution.  That’s because it is a stand-alone document with Articles and not Amendments.  It was incorporated into the Constitution to hide the fact that the Constitution is a job description for a servant federal government and does not bestow sovereignty.  The States never gave up their sovereignty.  The Federalists were against a union of States.  They forced the Civil War to overthrow the union in favor of a tyrannical nation determined to control the States and the people rather than vice versa.

[4] [4] http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html?smid=tw-nytimes&smtyp=cur

[5] https://dearjaneadviceopinionsmore.wordpress.com/2016/01/23/the-criminally-controlled-american-bar-association/

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