Sen. Franken Announces Witness List for Tomorrow's Hearing Examining Americans' Dwindling Right to Their Day in Court, Including a Minnesotan

Press Release

Hearing Will Discuss Senator's Bill to Prevent Big Corporations from Taking Away Consumers' Right to Justice

Today, U.S. Sen. Al Franken (D-Minn.) announced witnesses that will testify during the Senate Judiciary Committee hearing he will chair tomorrow on how recent U.S. Supreme Court decisions, forcing consumers into mandatory arbitration, have eroded the ability of Americans to challenge unfair practices by corporations.

Witnesses include Vildan A. Teske, a Minnesota lawyer who represents Minnesota service members who have faced unfair practices by lenders, and Alan Carlson, a small business owner and plaintiff in the Supreme Court Case American Express v. Italian Colors. You can read more about Ms. Teske here.

A full witness list is included below.

The hearing will also examine Sen. Franken's Arbitration Fairness Act (AFA), his legislation to restore Americans' right to justice by prohibiting mandatory, pre-dispute arbitration in consumer, employment, civil rights, and antitrust cases.

"I've heard from Minnesotans that recent decisions by the Supreme Court have given big corporations the unbridled ability to deny small businesses and consumers their day in court, and something has to be done to stop it," said Sen. Franken. "This hearing will shed light on the need to restore justice and pass my legislation to make sure that military service members, consumers, and workers maintain their right to fight back when they aren't treated fairly."

In American Express v. Italian Colors, the Supreme Court ruled that an arbitration agreement must be enforced even if it is so bad that it prevents a plaintiff from enforcing his federal rights. Italian Colors built upon the Supreme Court's 2010 decision in AT&T v. Concepcion, in which the Supreme Court upheld the use of class action waivers in arbitration agreements, thus making it nearly impossible for individuals to band together to redress wrongs committed by corporations.

Witnesses that will testify tomorrow before the Senate Judiciary Committee include:

Vildan Teske, Partner, Crowder, Teske, Katz, & Micko, PLLP, Minneapolis, MN
Alan Carlson, Owner of Italian Colors Restaurant and plantiff in the U.S. Supreme Court Case American Express v. Italian Colors, Oakland, CA
Leslie Overton, Deputy Assistant Attorney General for Civil Enforcement, Antitrust Division, U.S. Department of Justice, Washington, DC
Myriam Gilles, Professor of Law Benjamin N. Cardozo School of Law, New York, NY
Archis A. Parasharami, Partner & Co-Chair, Consumer Litigation & Class Actions practice Mayer Brown LLP, Washington, DC
Peter Bowman Rutledge, Associate Dean for Faculty Development & Herman E. Talmadge Chair of Law, University of Georgia School of Law, Athens, GA
WHO: Sen. Franken and members of the Senate Judiciary Committee
WHAT: Hearing on Restoring Americans' Right to Their Day in Court
WHEN: Tuesday, December 17 at 2:30 p.m. EST
WHERE: Dirksen Senate Office Building, Room 226

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