Terminix to Supreme Court: Please Don’t Make Us Go To Arbitration
In a shocking turn around, Terminix now wants to avoid binding arbitration. For decades, Terminix was one of American companies that spent fortunes to convince courts that it should be allowed to avoid juries. However, after arbitrators starting issuing unreviewable punitive damages awards for its systemic fraud, it switched sides.
Terminix included in contracts a clause that said a shadowy group called the NAF had to oversee its arbitration cases. Then that group agreed to go out of business to avoid itself being criminally prosecuted for fraud. It turned out not to be independent but was controlled by companies that wanted to abuse consumer rights. Terminix is now arguing that it only wanted to use that seedy organization and should not have to face trial before a lawyer that state court judges appointed.
Specifically, in a case that alleges that bad termite service resulted in around two million dollars of injury to a deluxe bay-side home in Baldwin County, Alabama. Terminix does not want a local lawyer to decide how this case will be tried and whether it will face compensatory and punitive damages. Terminix says if their demand is not met they will go to court where the case will be tied up for years. This they decided only after the first meeting with the arbitrator.
Campbell Law PC opposed that motion on numerous grounds, including using an argument that if you should appeal then it should be before you voluntarily go to arbitration and not after your first meeting with your private Judge. This week, the Supreme Court ordered the trial clerk to stop assembling the record so it could be decided if appeal is procedurally defective and baseless or valid.
Campbell Law PC is based in Birmingham, Alabama – the heart of the termite belt in the deep South. The firm handles serious cases nationwide. We will be happy to evaluate your claim at no cost to you.
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