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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 2000 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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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...