Although courts have upheld class arbitration waivers–contract clauses requiring arbitration but prohibiting class treatment of claims in the arbitration–under some circumstances, the trend seems to favor striking them down as unconscionable or void as against public policy, especially in consumer contracts where any individual dispute is likely to involve only small amounts of money. The latest decision supporting that trend came today [...]
Archive for August 28th, 2008
The Latest on Class Arbitration Waivers
Posted in Class Action Trends, washington class action law, tagged class action waiver, class arbitration waiver, consumer class action, washington class action law on August 28, 2008 | 2 Comments »
UK’s Civil Justice Council Recommends US-Style Procedures for Collective Actions
Posted in Class Action Legislation, Class Action News, Class Action Trends, International Class Action Law, Reports and Surveys, tagged British class action, civil justice council, class action reform, collective action, cy pres, european class action reform, International Class Action Law, UK class action, UK collective action on August 28, 2008 | 1 Comment »
As reported today in the UK trade publication Professional Pensions, the Civil Justice Council, a governmental advisory committee charged with studying and recommending policy decisions relating to civil justice issues, issued a report earlier this month recommending that enhanced collective action procedures be adopted in the British civil courts. The procedures, if adopted, would include many of the [...]
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