Consumer Arbitration in the Crosshairs (Again): Individual Public Injunctive Relief Claims, Other Threats, and Possible Responses
After a recap of industry’s successful history in defeating challenges to the use of arbitration agreements to limit class action exposure, we discuss the threat of public injunctive relief claims to the use of arbitration resulting from recent CA and 9th Cir. decisions, efforts to distinguish such claims from claims for other relief, drafting strategies to address the decisions, the decisions’ potential impact outside CA, and mass arbitrations and response strategies.