Class Action Insider

In recent years, large companies have faced an onslaught of “mass arbitrations,” a tactic used by the plaintiffs’ bar to leverage against valid class-action waivers and arbitration provisions in consumer agreements. Although courts and legislatures offer little recourse, defendants have started hitting back, and several courts are currently evaluating the validity of new defense strategies.

Depending on how the Supreme Court decides Bissonnette, restaurants may have increased exposure to class actions by independent distributors, such as the plaintiffs in Bissonnette.

In February 2023, the Ninth Circuit Court of Appeals held in a 2–1 decision that Xerox waived “its right to compel arbitration … against unnamed”class members in Hill v. Xerox Business Services, LLC.