As mandatory binding arbitration meets the class action, will the class action survive?

From: William and Mary Law Review | Date: October 1, 2000| Author: Sternlight, Jean R. | Copyright information

INTRODUCTION

It is no secret that banks, insurance companies, and other potential corporate defendants do not like class actions.(1) Today, such potential defendants, in a broad array of industries, hope that they have found a surreptitious way to defeat the feared class action: mandatory binding arbitration.(2) These companies and their attorneys assert that they may use contracts of adhesion(3) to compel consumers, employees, and others to arbitrate rather than litigat...

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