Legal Case Study: Alston's Upbringing

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The Court noted that the parents had a right to make fundamental decisions in a Childs upbringing but had no legal right to prevent other parties from attempting to influence their children. Therefore, the only remedies available to Alston in this case are to recover money from their children or to file an action against the retailers who sold the alcohol to the minors in violation of the law. Unless the parents can prove some injury in fact, any alternative theory will likely fail on the lack of standing

2. In this hypothetical, it seems unlikely that Alston could maintain a standing to sue against anyone of the cigarette manufacturers, individually or collectively. In order to do so, she would have to prove first that she suffered an injury in fact, and even then she would have to prove that the suffered harm is direct, concrete and individualized. …show more content…

In doing so, they would effectively mitigate the unreasonable burden placed on parties alleging a claim against gateway according to the courts analysis. For those purchases less than 2000.00, Gateway would need to find a more reasonable forum for arbitration or else it is likely the court would find the clause invalid as they have with the case at the bar.
The implications in this case was that significant since the cumulative claim of all of the class members may now proceed in a U.S. court rather than in an international arbitration. If Gateway would have won, they would have a significant advantage because the costs of international arbitration would likely exceed the benefits of pursuing the claim against

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