The End of Class Actions?

Authors

Brian T. Fitzpatrick

Document Type

Article

Publication Title

Arizona Law Review

Publication Date

2015

ISSN

0004-153X

Page Number

161

Keywords

class action, business litigation, corporation law, arbitration, class action waivers, Supreme Court, securities fraud

Disciplines

Business Organizations Law | Law | Litigation | Supreme Court of the United States

Abstract

In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court's decisions in Concepcion and American Express. These decisions permitted corporations to opt out of class action liability through the use of arbitration clauses, and many commentators, myself included, predicted that they would eventually lead us down a road where class actions against businesses would be all but eliminated. Enough time has now passed to make an assessment of whether these predictions are coming to fruition. I find that, although there is not yet solid evidence that businesses have flocked to class action waivers and that one big category of class action plaintiffs (shareholders) remain insulated from Concepcion and American Express altogether I still see every reason to believe that businesses will eventually be able to eliminate virtually all class actions that are brought against them, including those brought by shareholders.

Recommended Citation

Brian T. Fitzpatrick, The End of Class Actions?, 57 Arizona Law Review. 161 (2015)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/589