Amtrak Seeks Dismissal of Arbitration Lawsuit

Amtrak is seeking to have a court dismiss a lawsuit that contends the passenger carrier violated the law when it included a mandatory arbitration clause in its condition of carriage contract.

Amtrak attorneys filed a motion to dismiss the suit, claiming the plaintiffs lack standing to sue and that the constitutional claims made in the lawsuit are invalid.

The lawsuit was filed by Public Citizen, an advocacy group on behalf of consumer rights.

In its motion, Amtrak said one of the two listed plaintiffs has not bought an Amtrak ticket and neither of the listed plaintiffs have been subjected to the arbitration clause.

As for the constitutional claims in the lawsuit, Amtrak said it “is not the government for purposes of implementing an arbitration agreement and so no constitutional claim can stand.”

The passenger carrier argued that even if a court were to rule that it is considered the government, “it is well established that government arbitration poses no per se constitutional problem.”

Amtrak lawyers have also argued that the lawsuits constitutional arguments are “so expansive in application that they could derail both public and private arbitration.”

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