Author ORCID Identifier
0000-0003-3068-0070
Document Type
Article
Publication Date
2022
Keywords
Federal Arbitration Act, Arbitration agreements, Business defendants, Supreme Court, Class arbitration
Abstract
Part I of this Article gives a brief overview of the FAA, including the four understandings that underlay the Court’s jurisprudence for six decades, and the radical transformation wrought by the Court’s rejection of those understandings in the past four decades. Part II discusses how the transformation of the FAA led plaintiff and defense counsel, as rational actors, to adopt positions that ultimately led to the focus on class action waivers. Part III analyzes the Court’s decisions from 2013 to the present and draws at least some tentative conclusions about where things stand a decade after Professor Wasserman raised these issues. It concludes by discussing how the emergence of mass individual arbitration claims is causing businesses to rethink their four-decade effort to force individual plaintiffs into arbitration.
First Page
359
Publication Title
University of Pittsburgh Law Review
Recommended Citation
Richard D. Freer, Rational Actors, Class Action Waivers, and the Emergence of Mass Individual Arbitration Demands, 84 U. Pitt. L. Rev. 359 (2022).
Comments
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License (BY-NC-ND).