ARTICLE · 25 JANUARY 2004

Class Action Arbitration: The Green Tree Decision and Other Recent Developments

Latham & Watkins LLP

The ubiquitous nature of arbitration clauses has led to a surge in the number of class action arbitrations. Several recent decisions in federal and state courts - including the United States Supreme Court’s decision in Green Tree Financial Corp. v. Bazzle have shed some light on this topic, although many issues remain unresolved. Parties should be cognizant of these unresolved issues when defending class actions filed in court and when drafting and reviewing arbitration clauses.

United StatesLitigation, Mediation & Arbitration

Originally posted October, 2003

Article by Los Angeles partner Miles Ruthberg, Washington, D.C. partner Peter Winik, Orange County partner Mark Finkelstein and associate Laura Hayward.

The ubiquitous nature of arbitration clauses has led to a surge in the number of class action arbitrations. Several recent decisions in federal and state courts - including the United States Supreme Court’s decision in Green Tree Financial Corp. v. Bazzle¹ - have shed some light on this topic, although many issues remain unresolved. Parties should be cognizant of these unresolved issues when defending class actions filed in court and when drafting and reviewing arbitration clauses. This article discusses these recent developments surrounding class-wide arbitration.

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Class Action Arbitration: The Green Tree Decision and Other Recent Developments

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