Show simple item record

The End of Class Actions?

dc.contributor.authorFitzpatrick, Brian T.
dc.identifier.citation57 Arizona Law Review 161 (2015)en_US
dc.descriptionarticle published in a law reviewen_US
dc.description.abstractIn this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of class action liability through the use of arbitration clauses, and many commentators, myself included, predicted that they would eventually lead us down a road where class actions against businesses would be all but eliminated. Enough time has now passed to make an assessment of whether these predictions are coming to fruition. I find that, although there is not yet solid evidence that businesses have flocked to class action waivers — and that one big category of class action plaintiffs (shareholders) remain insulated from Concepcion and American Express altogether — I still see every reason to believe that businesses will eventually be able to eliminate virtually all class actions that are brought against them, including those brought by shareholders.en_US
dc.format.extent1 PDF (41 pages)en_US
dc.publisherArizona Law Reviewen_US
dc.subjectclass actionen_US
dc.subjectbusiness litigationen_US
dc.subject.lcshCorporation lawen_US
dc.titleThe End of Class Actions?en_US

Files in this item


This item appears in the following Collection(s)

Show simple item record