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Turnabout is Fair Play: The Power of Mass Arbitration
Mandatory Arbitration Kathleen Paolo Mandatory Arbitration Kathleen Paolo

Turnabout is Fair Play: The Power of Mass Arbitration

By Lynda J. Grant, Esq.

July 2023

“Mass arbitrations” are a recent plaintiffs’ bar pushback on mandatory arbitrations and class action waivers found in virtually every consumer agreement, which not only disfavor plaintiffs, but eliminate access to the courts. In place of class actions, corporations can face thousands of contemporaneously filed arbitrations, with corresponding steep fees. The article discusses corporate reaction and ongoing litigation in this changing area of law.

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The Day Doctrine Died: Private Arbitration and the End of Law
Mandatory Arbitration Kathleen Paolo Mandatory Arbitration Kathleen Paolo

The Day Doctrine Died: Private Arbitration and the End of Law

By Myriam Gilles, Esq.

July 2022

An increasing number of companies insert mandatory arbitration clauses into standard agreements with employees and consumers, requiring all disputes to go to private arbitration. For entire categories of cases, the development of common law doctrine through litigation ― where a judge makes a ruling that is applied to similar cases ― will cease. This, quite literally, represents the end of law as we know it.

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