Our work on behalf of consumers, employees and civil rights makes Mehri & Skalet, PLLC, part of the larger battle for civil justice and the integrity of the legal system. Over the past twenty years or so, corporate interests have attempted to weaken the American civil justice system in a variety of ways ñ for example, through state and federal legislation designed to weaken the rights of ordinary citizens and by disseminating misleading information to the public. This page highlights some of the most important issues facing our legal system today. Empirical Study Suggests Bias in U.S. Appellate Courts A report commissioned by the law firms of Johnnie L. Cochran, Jr. and Cyrus Mehri highlights a disturbing disparity in the way federal appellate courts treat employment discrimination plaintiffs versus defendants. Completed by two highly distinguished Cornell law professors who analyzed computerized data maintained by the federal judiciary, the Eisenberg-Schwab Report reveals that employment discrimination plaintiffs (employees) who win at trial fare miserably on appeal, whereas appellate courts seldom reverse a case in which the defendant (employer) won at trial. Indeed, the differential between plaintiff and defendant success rates on appeal is greater in employment discrimination cases than any other category of civil cases. Press Release on Eisenberg-Schwab Report Joint Statement of Cyrus Mehri and Johnnie L. Cochran, Jr. American Bar Association Article on Eisenberg-Schwab Report Unequal Justice Under Mandatory Arbitration: Consumers and Employees Locked Out of the Halls of Justice"Equal Justice Under Law" is the motto carved into the side of the United States Supreme Court building. More than just a motto, this goal of the American court system has allowed consumers and employees to pursue justice against even the most powerful corporations. Consumers have used the courts to remove deadly products from the marketplace, fight consumer scams, and enforce their rights under contract. Employees have used the courts to fight racial and sexual discrimination, unfair treatment and sexual harassment in the workplace. Now big corporations are replacing "Equal Justice Under the Law" with a system of resolving disputes where the deck is stacked in their favor - where Judge and Jury is replaced with mandatory arbitration. It may sound hard to believe but big corporations are structuring contracts so that their disputes with consumers and employees cannot be heard by an American court but must instead be settled in "arbitration. " In arbitration, a case is heard by a private person - the "arbitrator" - who hears the case in secret with limited procedural safeguards or discovery of factual evidence. The arbitrator issues a final verdict that is not subject to the normal appeals process. Nor is the verdict available to the public or press. The corporation selects the arbitration firm, which employs the individual arbitrator. The case is generally heard in a location selected by the corporation. To add insult to injury, the consumer or employee must often pay the arbitration firm's expensive, up-front fees just to have the case heard. For a chart showing the many ways that individual legal protections are diminished or eliminated under mandatory arbitration, click here. |