Tom Girardi of the Girardi | Keese law firm in Los Angeles recently took part in California Lawyer's Class Action Roundtable, a "spirited discussion" covering the presidential election, the future of SCOTUS, and trends in class action litigation.
Below we present a few of Mr. Girardi's thoughts from that roundtable.
What's next for the U.S. Supreme Court following the presidential election?
Concerning the vacant SCOTUS seat in the wake of Justice Scalia's death:
- If Trump should win this election, and if the Republican majority in the Senate doesn't change, that's one thing - Holy Toledo; call your mom. [...] It's going to make a huge difference in people's lives, one way or another, without a doubt.
What are the latest developments on arbitration provisions and class waivers?
Concerning fairness (or lack thereof) of arbitration waivers on consumers in contracts:
- When you bury some clause on the seventh page of your Visa application that says, "Oh, and by the way, you waive your right to a jury trial; you have to arbitrate any disputes that arise from this agreement," I think that's totally wrong.
Have arbitration clauses with class action waivers created an efficiency gap in resolving disputes?
Concerning the ordinary consumer's access to justice:
- It is a license to steal. Let's suppose Wells Fargo steals $10,000 from you. How are you ever going to get a lawyer to represent you on a case like that? [...] So that person has no rights, really, individually. That is why forcing people into individual arbitration is awful. It isn't fair. It isn't right.
- Let the regulators do it? Give me a break. If I'm the injured person, do the regulators say, "Hey, immediately mail Tom $20,000?" I haven't gotten it in the mail, if that's the case.
What class action trends will we see emerge in the next year?
Lastly, Mr. Girardi's advice to plaintiffs' lawyers handling class action litigation:
- Get the experts early, get a good release going, and get a good mediator, so that everybody-including the court-can feel very comfortable about approving the settlement. That's all there is to it.
Referring attorneys: Work with Tom Girardi on your class action case.
Read more of California Lawyer's Class Action Roundtable.
Tom Girardi and the lawyers of Girardi | Keese are available to accept referrals or to co-counsel on class action cases nationwide. Call 800-401-4530 to speak with us. Visit our results page for a sample of the results we've achieved for our clients through the years.