Russell Greer vs. Viatron Corporation, A-26-937678-C

[Debbie Macomber]

Does the arbitration agreement for any claim "since the beginning of time" mean this also absorbs ViaTRON and Russell's mediation in the EEOC and OSHA cases?

 

[reptile baht spaniard rid]

The case was Disney claiming a widower could not sue them for his wife’s death due to a allergic reaction at a Disney Springs restaurant, because he agreed to mandatory arbitration when he signed up to a Disney+ VOD subscription. This didn't even get tested in court because once the public discovered the attempted legal defence, it was such a massive PR shitshow they immediately settled with the plaintiff.

The "billions of pages of ToS" thing has come up, when there was an unexpected clause in the ToS. Basically, if you're installing some shitty software and the ToS says "If you are Taylor Swift, you agree to give me a billion blowies" the courts have been known to strike that down.

 

[Thomas Talus]

But can't you void a contract even if you signed off on it whenever an issue arises due to a lack of a meeting of minds or whatever the term is? I remember that being mentioned when Disney tried and failed to not hold themselves accountable for the death of some woman in their restaurant.

I might've been thinking of some proposal made to deal with companies hiding shady shit within the 6 gorillion paragraph TOS agreements; the main problem with all of them is that it becomes really easy to abuse that and take advantage of people by making them hold up their end of the contract and then you bullshit your way out of it before you can hold up your end.

You're thinking of contracts of adhesion, where there is no opportunity to bargain and a large asymmetry of knowledge/power. A settlement agreement like the one at issue here is very much bargained for between the parties, so it would be a lot harder to get out of once signed. You'd have to find a reason like first material breach by the other side, impossibility/impracticability of performance, or frustration of purpose to excuse a lack of performance on your part, or fraud/duress/lack of capacity as a reason why the contract was not validly formed, in order to get out of it. You could try for unconscionability, but that's going to be nigh-impossible when the contract is one you negotiated. The court is not there to be a get out of jail free card for making a poor bargain.

 

[AnOminous]

But can't you void a contract even if you signed off on it whenever an issue arises due to a lack of a meeting of minds or whatever the term is?

No. Just changing your mind is like deciding you were raped because you regret consenting to sex.

The "billions of pages of ToS" thing has come up, when there was an unexpected clause in the ToS. Basically, if you're installing some shitty software and the ToS says "If you are Taylor Swift, you agree to give me a billion blowies" the courts have been known to strike that down.

But they'll almost never strike down an arbitration agreement.

You're thinking of contracts of adhesion, where there is no opportunity to bargain and a large asymmetry of knowledge/power.

The principle with contracts of adhesion (and most contracts with corporations are) does not mean they're automatically invalid, it means they're construed in the favor of the non-drafting party.

 

[RodgerDodger]

Does the arbitration agreement for any claim "since the beginning of time" mean this also absorbs ViaTRON and Russell's mediation in the EEOC and OSHA cases?

Now that would be an interesting question. But likely not as those Agencies bring the action themselves, independent of whoever is reporting it. And OSHA and the EEOC are not bound by an Arbitation Agreement between shitlips and ViaTroon.

 

[Gobermental Supervisor]

Just changing your mind is like deciding you were raped because you regret consenting to sex.

Well if it isn't #MeToo making a showing once again.
At the end of the arbitration Greer will be using that hashtag.

 

[AnOminous]

Now that would be an interesting question. But likely not as those Agencies bring the action themselves, independent of whoever is reporting it. And OSHA and the EEOC are not bound by an Arbitation Agreement between shitlips and ViaTroon.

Usually they give you a "right to sue" letter when they deny your claim (which they would). This would be of no use to Russ because an action by him would be covered by the arbitration agreement.

 

[Irene and 22 others]

Whether he legally can sue or not is no barrier to Russell Greer. He will do so if he wants to and if Viatron isn't working to head that off at the pass, it's their fault for having to deal with Russ more than they otherwise should. Greer's claims are bullshit because if he had anything at all to back them up, it would have been included as an exhibit in one of his filings.

If Hardin or some other lawyer hasn't gone through any emails or spoken with other relevant parties to establish an actual record of events, they're not doing their job. Even though it's not specifically relevant to this arbitration case, Russ will absolutely try to bring it up in a bid to garner sympathy or leverage. Smacking Russ down and bringing in some affidavits swearing that not only is Russ full of shit, but he was actually harassing other female employees will make him think twice about pursuing any kind of future lawsuit against Viatron.

 

[DragoonSierra]

Greer will be using that hashtag.

He already did during the Taylor Swift suit

 

[Gobermental Supervisor]

He already did during the Taylor Swift suit

Russell Greer is so cool, he was "The Raped" before it was cool.

 

[Prokhor Zakharov]

Does the arbitration agreement for any claim "since the beginning of time" mean this also absorbs ViaTRON and Russell's mediation in the EEOC and OSHA cases?

In the arbitration agreement, it specifically lists that all actions at the EEOC and OSHA must be extinguished as a requirement of this arbitration, so those have successfully been quashed.

 

[Betonhaus]

Do arbitration agreements usually have a cop or bailiff on hand in case one of the parties get violent?

 

[Prokhor Zakharov]

Do arbitration agreements usually have a cop or bailiff on hand in case one of the parties get violent?

Not usually, but I am sure it can be requested. But given this is private arbitration, it would likely have to be private security.

 

[StinkySnack]

Do arbitration agreements usually have a cop or bailiff on hand in case one of the parties get violent?

You wouldn't need anything like that if Russell became violent. Just have a pocket-full of Oil-Dri ready to toss at him Dale Gribble style and he will shrivel up to the size of a raisin.

 

[Irene and 22 others]

In the arbitration agreement, it specifically lists that all actions at the EEOC and OSHA must be extinguished as a requirement of this arbitration, so those have successfully been quashed.

Is there any language in the agreement about Russ agreeing to get kicked square in the nuts? Even if not, that's what he's effectively agreed to.

There hasn't been a deal in the history of the US this bad since some natives sold Manhattan island for a chest of beads.

 

[reptile baht spaniard rid]

In the arbitration agreement, it specifically lists that all actions at the EEOC and OSHA must be extinguished as a requirement of this arbitration, so those have successfully been quashed.

Can you ... even do that? I mean presume he submitted something actually OSHA to OSHA (like ViaTROON is doing unscheduled surgeries with gas chainsaws in CA), OSHA can continue doing its own enforcement actions?

 

[Gobermental Supervisor]

Can you ... even do that? I mean presume he submitted something actually OSHA to OSHA (like ViaTROON is doing unscheduled surgeries with gas chainsaws in CA), OSHA can continue doing its own enforcement actions?

What Greer signed is pretty much him saying "if I have any other claims under other regulations, I am hereby agreeing to not pursue them".

Obviously if the body OSHA itself wants to investigate, that is their business.

 

[Random Troll]

Can you ... even do that? I mean presume he submitted something actually OSHA to OSHA (like ViaTROON is doing unscheduled surgeries with gas chainsaws in CA), OSHA can continue doing its own enforcement actions?

Just change to electric chainsaws and everything is perfectly fine for CA.

 

[AnOminous]

There hasn't been a deal in the history of the US this bad since some natives sold Manhattan island for a chest of beads.

This is boilerplate. There are a million arbitration clauses exactly like this. They probably just cut and pasted it from somewhere else.

 

[Irene and 22 others]

This is boilerplate. There are a million arbitration clauses exactly like this. They probably just cut and pasted it from somewhere else.

Still, what can Russ hope to get out of the arbitration process?

If he loses, he's on the hook for the fees. This makes Viatron less willing to reach a settlement with him.
He gives up any right to appeal the decision or to bring other causes of action against Viatron.
He isn't going to get a bowtied shithead that pays attention to the case only one day out of every six months and lets Greer get away with all manner of stupid shit.

The only real upside for him is that nothing brought up in the arbitration process will be part of the public record, but when he loses he'll complain about that to the court and leek a lot of it himself.

What was he possibly thinking that the benefits of going to arbitration might be?