Earlier quoted context omitted.
> If the public service of justice is slow and expensive, we need to fix the public service, The public service (small claims court) was present and used. He just didn't get the result he wanted. It's not like the "public service of justice" was evaded. He got a hearing . The judge (a real judge!) said the arbitration clause was enforceable. So he lost. In court. Having exercised his constitutional right to petition…
No. The judge announced that courts of law do not apply, only arbitration psuedocourts apply. Arbitration is no longer thrown out almost ever, because of ATT Mobility LLC v. Concepcion. An unconscionable contract with arbitration is not an exception to arbitration anymore and state laws no longer apply to arbitration compelled agreements. The arbiter will decide what, if any, laws to follow. The arbiter will decide i…
Then perhaps your ire should be directed at the politicians responsible for appointing judges with more acceptable leanings on civil liberty issues like this, and not at some random local magistrate who failed to rule for the gambling rando who lost $4500 on kickstarter.
I get what you're saying. This isn't a good example of the problem, nor a productive location to whine about it.