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U.S. Supreme Court

Feb. 21, 2004

'Bazzle' Confounds Arbitration Agreements and Class Actions

The somewhat turbulent relationship between class actions and arbitration agreements just got more complicated, thanks in large part to the U.S. Supreme Court's decision in Green Tree Fin. Corp. v. Bazzle, 123 S.Ct. 2402 (2003). The dark secret to defending class actions has centered on corporations' inserting arbitration agreements in consumer contracts to thwart class actions, by explicitly prohibiting classwide adjudications.

Aashish Y. Desai

Desai Law Firm PC

3200 Bristol Street #650
Costa Mesa , CA 92626

Phone: (949) 614-5830

Fax: (949) 271-4190

Email: aashish@desai-law.com

University of Houston Law Center; Houston TX

The somewhat turbulent relationship between class actions and arbitration agreements just got more complicated, thanks in large part to the U.S. Supreme Court's decision in Green Tree Fin. Corp. v. Bazzle, 123 S.Ct. 2402 (2003). The dark secret to defending class actions has centered on corporations' inserting arbitration agreements in consumer contracts to thwart class actions, by explicitly prohibiting classwide adjudications.

This practice has been endorsed by, and wo...

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