Title: The Savior of Aggregate Litigation: The Giving Green Tree
Abstract: Throughout arbitration’s history, courts have stayed true to Congress’ intent when it first drafted the FAA, striving to place arbitration agreements on an equal footing with other contracts. However, the rise of adhesion contracts paired with complex arbitration agreements containing powerful contractual provisions, including class action waivers and mandatory arbitration clauses, have pushed arbitration agreements into the limelight. Courts must remain diligent in policing the use of arbitration agreements in a wide array of contexts. Despite the Supreme Court’s ruling in Concepcion, Green Tree’s “vindication of statutory rights” analysis is the only arrow left in the quiver for courts to combat a particularly abusive use of arbitration agreements and stands as a true savior of aggregate litigation. With this in mind, the Supreme Court should affirm the Second Circuit’s holding in the Amex series and usher in a new era of federal arbitration law under Green Tree.
Publication Year: 2013
Publication Date: 2013-01-10
Language: en
Type: article
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Cited By Count: 1
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