Attorney Don Moore Discusses Forced Arbitration on America’s Work Force Radio Show

CINCINNATI - Sept. 17, 2013 - PRLog -- On Sept. 5, 2013, America’s Work Force Radio (WERE 1490 AM) aired its interview with Cincinnati Personal Injury Attorney Donald C. Moore, Jr., which covered the growing prevalence of forced arbitration in America. Attorney Moore, of The Moore Law Firm, noted that these types of agreements have more recently become much more widespread, showing up just about everywhere consumers turn—whether they are buying product such as printers, requesting medical records or even starting new jobs. The lawyer explained the losses of freedoms that occur when consumers and employees are pressured or forced to agree to handle disputes through arbitration rather than through jury trials. He also discussed the tactics behind these agreements, as well as increasing support of these practices in the federal courts.

Forced arbitration occurs when consumers are required to sign arbitration agreements in order to receive certain services or products. Upon such agreements, any disputes between the consumer and the company (such as disputes over injuries caused by products) must be handled through arbitration, which involves the matter being decided by one or more arbitrators who are not beholden to all the same requirements as a judge or jury in litigation. According to Attorney Moore’s interview, the practice of forced arbitration is becoming “rampant.” He noted that while this practice has always been around, it has never been so pervasive. The lawyer explained that companies often use these forced agreements as “divide and conquer” tactics.

“They’ve pre-divided all the plaintiffs so they can’t get together and make a class action,” Attorney Moore said, noting that consumers usually have more pull when they are grouped together. “Then the defendant who’s done bad things or is responsible can just kind of blow you off. … This is a way to get around our 7^th Amendment right to a jury trial.”

The lawyer noted that forced arbitration is also increasingly being used as a requirement for employment, and the federal courts are increasingly choosing to uphold such agreements.  “In some states, that’s just plain illegal,” he said, referring to forced arbitration by employers. “However, the feds, with the American Arbitration Act, have superseded the states and said: ‘We don’t care what the states say. We’re going to enforce it even if it’s illegal in the state you’re in.’”

When asked in the radio interview if there is any way around forced arbitration, Attorney Moore offered two suggestions. First, he suggested avoiding doing business with companies that require arbitration agreements for their goods or services. Second, he advised consumers to bring these matters before their legislators who might not be fully aware of this issue.

Mr. Moore is a personal injury lawyer who has more than 30 years of experience protecting the rights of the individuals who have been harmed through others’ negligence. The lawyer has previously chaired arbitration panels and has served as a substitute County Court Judge in Clermont County . He has also previously worked as an insurance claims adjuster, which gives him valuable insight into how personal injury claims are handled by insurance companies. The Moore Law Firm handles many different types of personal injury matters, such as claims for product liability, car accidents, truck accidents, medical malpractice, industrial accidents and much more. Additional information about the firm and its legal team can be found at http://www.moorelaw.com.