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ARTICLE · 06 FEBRUARY 2025

Amicus Brief Defends Use Of Bellwether Proceedings To Resolve Mass Arbitrations

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We have written before about the well-documented rise of abusive mass arbitrations, which seeks to weaponize arbitration clauses to try to extract a settlement...

United StatesLitigation, Mediation & Arbitration

We have written before about the well-documented rise of abusive mass arbitrations, which seeks to weaponize arbitration clauses to try to extract a settlement from the targeted business, regardless of the merits of the underlying claims. The goal of these mass-arbitration filers is to inflict such high upfront costs on the targeted business—which pays most of the fees of consumer and workplace arbitrations—that it's simply too expensive to contest the merits of any claim. With alarming frequency, mass arbitration campaigns are reported to include claims that are obviously frivolous (such as claims filed in the names of people who are fictitious, deceased, or never purchased the product or service at issue).

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