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Arbitration: An Alternate System of Justice

Arbitration System of justiceOver the last 10 years, thousands of businesses nationwide, from large corporations to small mom-and-pop shops, have started to use standard arbitration clauses as part of their contracts to effectively create an alternate system of justice. In arbitration, the rules tend to favor the businesses, and the judges and juries have been replaced by arbitrators who are unsurprisingly in bed with their company clients. The bottom line is that arbitration has deprived injured or wronged individuals of a fundamental right: their day in court.

Simple Phrase, So Much Meaning

Arbitration clauses are simple phrases added to contracts that most employees and consumers do not generally even read or take notice of. However, at stake are claims of sexual harassment, hate crimes, medical malpractice, discrimination, elder abuse and even wrongful death.

Case in point is the family of a 94-year-old woman at a nursing facility who died from a head wound that had been left to fester that was ordered to go to arbitration. Another woman, who tried to sue Honda over injuries she said she suffered due to faulty brakes, was also ordered to go to arbitration. Even a cruise ship employee who said she was drugged and raped in her cabin by two crew members could not sue her employer over negligence in an unsafe workplace. The list goes on, but one thing remains constant: these injured and wronged individuals have been deprived of a legal justice system that was designed as a tool to protect their legal rights against deceitful and fraudulent corporations and businesses.

A Win for Businesses Means a Loss for Consumers & Individuals

For business, the allure of arbitration clauses became more appealing after a 2011 Supreme Court ruling cleared the way for them to use these clauses to ban class action lawsuits. However, for consumers, this ban of joining together as a large group to fight the large corporations often means giving up on their claims altogether. This is not because they are unwilling to pursue their legal rights, but rather that they cannot fight large corporations and their vast resources alone.

During arbitration, proceedings can easily evolve into a legal free-for-all. Companies can pay their employees to testify in their favor and what were once witnesses in favor of the plaintiffs can effectively work for the defense. Even more upsetting is the fact that most of the “neutral” arbitrators are in fact on the side of the companies accused of the wrongdoing.

Call a New York Personal Injury Attorney Today

If you or a loved one has been injured or wronged by a corporation or other company, you need to take the right steps to protect your legal rights. For more information or to consult with one of our experienced New York personal injury attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

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From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
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La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
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Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
Lindsay L.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I more
Cindy C.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
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Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
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