Green Tree Arbitration Impact
by Michael Fox
Law.com has an article with similar views to mine on the impact of yesterday's Supreme Court case, that the next step will be a rewrite of arbitration agreements to specifically prohibit class actions. Although, as the article points out, that strategy may not fly in all states. California is already considering that issue in a couple of cases involving finance companies. For those concerned about arbitration in the employment setting, I continue to be concerned that the biggest danger to its continued viability is abuse (or perceived abuse) in the consumer setting.