(a) the court did not believe that the plaintiffs ever believed they were signing away their right to bring a lawsuit;
(b) enforcing the clause would “undermine effective enforcement of federal antitrust laws”; and
(c) enforcing the clause after the defendant first had decided to litigate in court was “inefficient and wasteful.”
The court concluded that in this area of law, “common sense plays no role.”
Here’s a blog post about the case, with link to the decision:
http://bit.ly/1pPBFJP
This is a true poster child of arbitration abuse, really highlighting just how unfair the law has gotten under the current U.S. Supreme Court’s decisions. If people will read this decision, they may well get a sense of just how out of whack the law has gotten in this area."