401(k) documents are notoriously mystifying—and notoriously ignored. “I must say,” admitted Justice Ruth Bader Ginsburg at recent oral argument of the United States Supreme Court, “I don’t read all the mailings that I get about my investments.” For about 72 million American workers, 401(k)s are “nest eggs.” Employees expect their 401(k) investments, along with social security, to provide them with a steady income during…
It’s happened to my friends and no small number of the people who call into our office. They...
More and more, employers are forcing workers to give up their constitutional rights to seek justice in our nation’s courts. Instead of seeing their day in court, workers may be sidelined into “arbitration.” This means a private individual or “arbitrator” can decide a civil litigation case outside of court, without a judge or jury. Arbitration agreements frequently contain blanket confidentiality…
On November 20, 2018, the Virginia Supreme Court appointed a panel of three Circuit Court judges to consider the consolidation of lawsuits previously filed in Virginia state courts against opioid manufacturers, distributors, and pharmacy benefit managers (PBMs) for their role in creating the public health emergency caused by prescription opioids. The panel was appointed in direct response to the request…
If you are an employee in the United States, you probably have given up your constitutional right to access the courts and receive a trial by a jury for claims against your employer, or will soon do so. Many, if not most, large employers impose arbitration agreements (sometimes misleadingly referred to as “policies”) on their employees. When an employee agrees…
America is experiencing an opioid epidemic that has resulted in economic, social and emotional damage to virtually every community in the United States and tens of thousands of Americans. It is indiscriminate and ruthless, and kills 175 Americans every day. In 2016, more than 64,000 people died of drug overdoses (and the majority of these deaths were related to opioids).…
One of the biggest barriers to abuse victims’ pursuit of justice in Maryland is the strict time limits that victims have to file their claims (this is commonly called the “statute of limitations”). While research consistently demonstrates that most survivors of sexual abuse fail to report or disclose the abuse until they are at least 30 years old, most sexual…
The #MeToo Movement has helped draw attention to abuse victims’ right to pursue civil claims against the perpetrators who abused them and the institutions (e.g., churches, child care centers, schools, universities, colleges, teams, and programs) who failed to protect them from being abused. The voices of survivors are growing. Still, abuse victims have not yet been given any leniency on…
In the landmark civil rights decision Brown v. Board of Education, the court ruled that racial segregation in the public schools was unconstitutional. But if the Plaintiffs in Brown had been subject to an arbitration agreement with their schools, public schools might still be segregated today. Today women do not have to tolerate hostile conduct motivated by sex or gender. But if the…
On March 23, 2018, the Supreme Court of California reversed its previous position and held that “universities have a special relationship with their students and a duty to protect them from foreseeable violence during curricular activities.” The Facts of the Case In Regents of the University of California v. Rosen, a student at UCLA, Katherine Rosen alleged that the University and…