My thanks to the West Virginia Supreme Court on their ruling on the Nursing Home Arbitration case.
No one should be forced into binding arbitration in any situation, let alone as Justice Ketchum wrote while under the stressful ordel of putting a loved one in a nursing home.
This gives me hope in a world that we see our constitutional rights diminishing. This decision was a welcome surprise to me because of the U.S. Supreme Courts ruling on the AT&T case about a month ago.
These arbitration clauses that are popping up everywhere take away our 7th Amendment Right, the right to a jury trail. My bank ran me away by demanding I sign an arbitration clause then came the same on our medical insurance causing us much dispair after canceling our old policy.
I bought a computer and on the label it read "opening this will bind you to an arbitration contract"! They also call these adhesion contracts because of the one sideness of such, you either agree to all their terms and endorse or you do not get the service or product.
This is one of the greatest assults on the consumer of the day because if these arbitrators agree with the consumer very often they don't last on the panel very long.
I feel as Mr. Deitzler does that it could diminishes a company's accountability knowing they will not likely be held accountable.
Thanks again to all members of our high court for living up to protecting are rights!
Editor's Note: Kessler is a former member of the House of Delegates.