Silence Does Not Give Consent

Fall 2010

On April 27, 2010, the United States Supreme Court ruled 5-3 that arbitrators could not impose class arbitration where the parties' agreement didn't explicitly provide for it. The case represents a rebuke of class arbitration where parties never intended it, but leaves some openings for collective action by plaintiffs, even when not explicitly agreed to, depending on the jurisdiction governing the contract and standard practice within the industry.

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Adam Welle


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