FIGHTING FOR REAL JUSTICE

The report identifies five primary methods used by corporate interests and the U.S. government to restrict judicial access: the use of "no judicial review" clauses, the expansion of forced arbitration and class action bans, increasing the financial risk of litigation, limiting judicial discretion on sanctions and damages, and blocking timely case settlements.

• The report identifies five main types of attacks on access to justice: the use of "no judicial review" clauses to block challenges to government actions; the expansion of forced arbitration and restrictions on class action lawsuits; increasing the financial risk and cost of public interest litigation; interfering with judicial discretion regarding sanctions and remedies; and undermining the government's ability to reach timely case settlements.
• Corporate interests increasingly use forced arbitration provisions in consumer and employment contracts, which require disputes to be resolved by private arbitrators rather than in court. These proceedings are often secretive, biased toward corporations, and lack procedural safeguards or appeal rights.
• The report highlights the importance of "fee-shifting" provisions, such as the Equal Access to Justice Act (EAJA), which allow judges to award attorneys' fees to citizens who successfully prove a violation of federal law. These provisions prevent wealthy corporations and the government from using high litigation costs to bankrupt or frighten claimants.
• Legislative proposals have sought to limit judicial discretion by making monetary sanctions mandatory for lawsuits deemed frivolous and by placing caps on non-economic damages, specifically in medical malpractice cases.
• The Trump Administration and Congress have attempted to restrict the ability of federal agencies to enter into settlements and limit the discretion to direct benefits from corporate wrongdoing enforcement to affected third-party communities.

APA

Earthjustice (n.d.). FIGHTING FOR REAL JUSTICE. https://earthjustice.org/wp-content/uploads/real-justice-report_2019-03.pdf

Chicago

Earthjustice. FIGHTING FOR REAL JUSTICE. n.d. https://earthjustice.org/wp-content/uploads/real-justice-report_2019-03.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=FIGHTING FOR REAL JUSTICE |url=https://earthjustice.org/wp-content/uploads/real-justice-report_2019-03.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjusticendfighting, author = {{Earthjustice}}, title = {{FIGHTING FOR REAL JUSTICE}}, institution = {Earthjustice}, url = {https://earthjustice.org/wp-content/uploads/real-justice-report_2019-03.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }