Screenshot from “The New Mass Arbitration: Just Deserts or Just Another Abuse?” a panel by The Federalist Society. The panelists were Daniel Fisher and Professor Maria Glover of Georgetown University Law Center, and moderated by Professor Brian Fitzpatrick of Vanderbilt University Law School. Credit: The Federalist Society
The subject of mass arbitration has been a point of frequent fascination here at the Litigation Daily.
We sank our teeth into the topic back when Amazon changed up its conditions of use last year to avoid facing thousands of consumer arbitrations filed en masse. Retired U.S. District Judge Shira Scheindlin gave us a chuckle when called the phenomenon – which has been driven by the defense bar’s success in getting Supreme Court rulings that are friendly to arbitration clauses and class action waivers – “a classic case of be careful what you wish for.” And, of course, we wrote a profile last year of Keller Lenkner, the firm most closely associated with bringing large batches of related cases against companies in individual arbitrations – a move that can leave defendants facing enormous fees from arbitrators if they don’t come to the bargaining table with plaintiffs.
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