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Civil Justice
The Alliance for Justice believes in a fair, just, and free America where everyone has equal access to, and can fully participate in, our democracy. Our work on “access to justice” issues is aimed at protecting and strengthening America’s civil justice system, which provides a fair and balanced process by which everyday Americans can defend their rights and hold the most powerful interests accountable. The Alliance works to educate, lobby, communicate, and build coalitions in support of a vibrant civil justice system, which is often under assault by corporate and other special interests.
 Eliminating Forced Arbitration |
Protecting Patient Safety |
Defending Equal Access to Justice |
Supporting Sunshine in Litigation Act |
Exposing the Corporate Court |
Eliminating Forced Arbitration: Arbitration was designed as a freely-chosen alternative to litigation among corporate equals. It has been twisted today into a tool by powerful corporations to force consumers and employees to surrender their right to hold corporations accountable for wrongdoing before an impartial judge. Forced arbitration clauses are routinely inserted into the fine print of contracts that people must sign to buy a product or service or get a job. Whereas victims of corporate wrongdoing could once band together to access justice in court when defrauded by corporations, now each consumer and employee will likely be forced to fight it out alone before a private arbitrator chosen by the company that cheated or discriminated against them. Arbitrators do not need to be lawyers or follow precedent, yet their word is nearly always final and unappealable. Forced arbitration is fundamentally unfair to everyday Americans.
After the Supreme Court’s devastating ruling in AT&T Mobility v. Concepcion, the prevalence of forced arbitration clauses in consumer and employment contracts will greatly increase. That’s why Alliance for Justice is supporting the Arbitration Fairness Act.
» Read AFJ’s new report, Arbitration Activism: How the Corporate Court Helps Business Evade Our Civil Justice System
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Protecting Patient Safety: The U.S. House of Representatives is currently considering H.R. 5, the so-called Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act, a bill that would severely limit the ability of injured patients and their families to hold health care and medical products providers accountable. Moreover, H.R. 5 is so broadly drafted that it would also limit remedies against the for-profit nursing home, insurance, and pharmaceutical industries. Apart from H.R. 5’s broad substantive faults, it raises serious federalism concerns. In our legal system, states have historically been allowed to craft laws allowing injured victims to seek compensation in court. This legislation upends that federal/state balance by explicitly preempting state tort law, denying states the freedom to create their own approach to malpractice and to decide what’s in the best interests of the people living in their state. The Alliance for Justice and a coalition of consumer and patient safety groups strongly oppose this legislation.
» Download a letter from patient and consumer groups opposing H.R. 5
» Read More
Defending the Equal Access to Justice Act: The Equal Access to Justice Act (“EAJA”) was enacted in 1980 to encourage private parties to pursue legitimate claims against the government, and to deter inadvisable or inappropriate official action, including legal action, by the government, given its high cost for the non-governmental party. Seniors, veterans, small businesses, and groups representing consumer or environmental interests have used EAJA to bring claims against the government that otherwise would not have been brought because litigants lacked the resources to pay for attorneys and the recovery was too low to cover the costs of litigation and compensate victims. Pending legislation would destroy EAJA’s ability to protect the interests of everyday Americans.
Supporting the Sunshine in Litigation Act: Lawsuits often uncover information that is vital to others in similar situations. For example, a single automobile accident may reveal a design or manufacturing defect that exists in thousands of other vehicles. If this information is locked up by a secrecy order entered to settle the single case, others may be injured in accidents caused by the same defect that could have been prevented had the information become public. The Sunshine in Litigation Act of 2011 would curb the ongoing abuse of secrecy orders in federal courts by requiring judges to consider public health and safety before granting a protective order or sealing court records and settlement agreements.
Exposing the Corporate Court: Under the leadership of Chief Justice John Roberts, the conservative block of the Supreme Court has issued a number of decisions that severely restrict the ability of everyday Americans to stand up for their rights in court. Time and time again the Court has proved willing to bend the law to protect powerful corporate interests. Many of the Court’s recent decisions have a direct bearing on access to justice by closing the courthouse doors, preventing victims of corporate wrongdoing from banding together, and forcing individuals out of court and into arbitration. Alliance for Justice reports on the injustice of these decisions.
