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The Indiana Law Library Blog

Class Action v. Arbitration

Yesterday the Supreme Court heard a case that some argue could essentially do away with class action lawsuits as we know them.  General consensus this morning (for example from the Wall Street Journal Law Blog and the National Law Journal) seems to suggest that the Court is likely to find in favor of class actions, but it is an interesting problem.  The lawsuit in question is AT&T Mobility v. Concepcion, a California case in which a couple challenged the portion of their AT&T contract which bound them to individual rather than class arbitration.  AT&T’s lawyer suggested that this case could also reach the other extreme—doing away with arbitration clauses in many standard contracts.  What do you think?  Should class arbitration be a standard subset of arbitration?  More can be found from the New York Times.



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