Hello and Happy Spring!
March was an exciting month for Public Justice: Access to Justice Project Co-Director Karla Gilbride (pictured above) argued before the U.S. Supreme Court in Morgan v. Sundance, our case on behalf of a former Taco Bell worker in Iowa.
Our team has also been gearing up for a busy Spring ahead, and we began with several important advocacy wins, including the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which was signed into law by President Biden. Then, soon after, the House also passed the FAIR Act -- legislation that would end forced arbitration for all -- with bipartisan support. Earlier this month, our Executive Director Paul Bland also testified during a hearing on forced arbitration in the consumer lending space, where he was joined by our very own Board Member Myriam Gilles.
Below, you'll read more about these exciting developments, as well as other important updates and highlights from Public Justice.
Thank you as always for your ongoing support and partnership in our fight for justice.
The Public Justice Team
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ACCESS TO JUSTICE CO-DIRECTOR KARLA GILBRIDE ARGUES
BEFORE U.S. SUPREME COURT
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On Monday, March 21, Access to Justice Project Co-Director Karla Gilbride argued before the U.S. Supreme Court in our case, Morgan v. Sundance.
Karla argued on behalf of Robyn Morgan, a former Taco Bell employee who sued her employer Sundance, Inc., for failing to pay her and similarly-situated workers for all their work, including overtime premiums.
Sundance started off trying to litigate in court, but when it didn't like how the court proceeding was going, it shifted gears and tried to force the case into arbitration. Morgan argued that Sundance waived its right to arbitrate, but the Eighth Circuit found no waiver because Morgan had not shown "prejudice" from Sundance's dilatory conduct.
During Monday's argument, Karla argued that the Eighth Circuit ruled incorrectly because by requiring a showing of prejudice, it had applied an extra requirement to prove waiver of the contractual right to arbitrate, that doesn’t apply to the waiver of any other contract right.
“Sundance intentionally relinquished its contractual arbitration rights by asking a federal judge to dismiss this case and filing an answer that didn’t mention arbitration," Karla said. "Those actions should have been sufficient for a finding of waiver and the same actions placed Sundance in default within the meaning of Section Three of the Federal Arbitration Act (FAA). Prejudice has no part to play in either of these inquiries and the Eighth Circuit was wrong to require it.”
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PUBLIC JUSTICE CELEBRATES MOVEMENT TOWARD ENDING
FORCED ARBITRATION
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This month, Public Justice celebrated several significant victories in the movement toward ending forced arbitration. Our team has been working with our allies and partners to fight these unconstitutional clauses throughout our 40-year history, and we're excited to see some substantial legislative progress within the past month.
On March 8, our Executive Director Paul Bland testified on a panel (pictured above) before the U.S. Senate Committee on Banking, Housing, and Urban Affairs regarding the harms of forced arbitration in the financial space. Paul was joined by Public Justice Board Member Myriam Gilles.
“Through ending forced arbitration in this sector, Congress can ensure countless Americans are no longer denied their day in court and are no longer forced into a system where they are unlikely to prevail or, even if they do, to facilitate meaningful changes in how corporations and employers treat their customers and employees or compensate them for abuse," Bland told committee members. View the full recording of the hearing here.
Following the signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, we published an op-ed in The Hill, highlighting how passage of the Forced Arbitration Injustice Repeal Act (FAIR) Act would also be a critical step in the fight for racial justice. Public Justice's Director of Media Relations Karen Ocamb also wrote about former Miami Dolphins Coach Brian Flores' experience with forced arbitration when he sued the football team for racial discrimination. |
All this culminated in bipartisan passage of the FAIR Act in the House, with a 222-209 victory (pictured above).
Next, we'll be urging the Senate to swiftly pass this critical legislation that will end forced arbitration and advance access to justice for all Americans. Learn more here. |
JOIN PUBLIC JUSTICE AT
MASS TORTS MADE PERFECT!
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Stop by our booth at the Mass Torts Made Perfect conference in Las Vegas from April 5-7! You can meet and greet with Public Justice advocates while learning more about the work we're doing to serve communities across the country in partnership with the plaintiffs' bar.
Are you attending? Reach out to Kelly Simon, Senior Director of Development, to let us know. We hope to see you there!
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MARK YOUR CALENDARS FOR A "TOTALLY TUBULAR"
SPRING PHONATHON!
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We're celebrating Public Justice's 40th anniversary by blasting back to where it all began: the '80s!
On Thursday, April 28 in Washington, D.C., Team E.T. (led by Ellen Presby and Mitchell Breit) and Team Ghostbusters (led by J.D. Hays and Deborah Elman) will face off in a friendly, fierce competition to raise funds and grow our network of support.
All are welcome! So, dust off your legwarmers, cassettes, and hairspray for a groovy day of sharing Public Justice's impact. Contact Membership Manager Megan Kyte at mkyte@publicjustice.net t o learn more.
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Save the date! Join us at the Four Seasons Hotel Seattle on July 18 for our 40th Anniversary Gala. (And check back soon for information on participating in this year's event virtually, if you aren't able to join us in Seattle.)
Stay tuned for more information on sponsorship opportunities. If you have any questions, please reach out to Susan Gombert, Senior Meetings & Events Manager at sgombert@publicjustice.net. |
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PUBLIC JUSTICE SCORES VICTORY AGAINST IOWA
AG-GAG LAW
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This month, our Food Project secured a victory in its latest fight against state Ag-Gag laws, which punish whistleblowers for exposing the truth about the food industry, including working conditions and animal cruelty.
On March 15, the U.S. District Court for the Southern District of Iowa held that Iowa's second Ag-Gag law -- known as Iowa Ag-Gag 2.0 -- was unconstitutional.
"The ability to investigate, document, and publicize corporate agriculture’s abuses is imperative both to the well-being of animals across the nation and to public health and safety," our joint press release stated.
We're proud to join in the effort to strike down these harmful statutes on behalf of the Animal Legal Defense Fund (ALDF), PETA, the Center for Food Safety, Iowa Citizens for Community Improvement, and Bailing out Benji.
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ICYMI: WINTER BOARD MEETING HIGHLIGHTS |
While our Spring Board Meeting is just around the corner, be sure to catch up on all that happened in Palm Springs, California at our Winter Board Meeting on our blog.
Click on the headlines below to read each recap, featuring interviews with Board Members, event highlights, and more:
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STUDENTS' CIVIL RIGHTS PROJECT SECURES VICTORY IN MINNESOTA |
This month, the Students' Civil Rights Project secured a victory in its race discrimination case against a Minnesota charter school network, in which the district court denied Duluth's motion for summary judgement.
K.R. v. Duluth Pub. Schs. Academy is on behalf of students of color and their families seeking to hold the public charter school system accountable for subjecting black and biracial students to a discriminatory and hostile education environment based on their race.
The students allege that they experienced pervasive race-based harassment from their fellow students and school staff.
Stay tuned for a public opinion (forthcoming) and learn more about the case here.
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FOOD PROJECT SUPPORTS REPS' RALLY AROUND FOOD SAFETY |
This month, the Public Justice Food Project submitted an amicus brief on behalf of six Congressional Representatives in a case concerning the USDA's dangerous Trump-era rule, which overturns protections ensuring federal oversight of meatpacking plants through the Federal Meat Inspection Act (FMIA).
Trump's new rule, the New Swine Slaughter Inspection System (NSIS), increases line speeds in meat processing plants and replaces government inspectors with private employees, increasing the likelihood of foodborne illness and worker injuries.
We argue that the rule is unlawful because it deviates from Congress' original intention with the FMIA to protect the public from foodborne illnesses.
The court should protect public safety and put an end to the NSIS. Learn more here.
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PUBLIC JUSTICE BOARD DEVELOPMENT AND NOMINATING COMMITEE SEEKS CANDIDATES |
The Public Justice Board Development and Nominating (BDN) Committee is seeking candidates for at-large Board seats, as well as Executive Committee Members and for the position of Board Secretary. There will be a minimum of two open at-large Board seats (three-year term), five Executive Committee seats (three-year term) and the Secretary position.
To suggest yourself or someone else as a candidate for any of these positions, please email Vice President of External Affairs Steve Ralls here and send along each person’s name, email address and the best phone number to reach them at.
The BDN Committee is especially committed to recruiting a diverse slate of candidates, including people with disabilities; people of color, including bilingual and bicultural individuals; Native American and indigenous people; LGBTQ individuals; and people of all genders and gender identities.
The deadline to suggest candidates for Executive Committee and Secretary positions is Thursday, April 7 at 5 pm ET. The deadline to suggest candidates for at-large Board seats is Wednesday, May 4 at 5 pm ET.
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Public Justice welcomes this month's new members — your unwavering commitment to our mission to combat injustice helps us reach our goals.
Questions? Contact us here.
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