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Expert Analysis

Supreme Court Divide Hampers Nearly All Class Actions

Law360, New York ( January 8, 2014, 6:09 PM EST) -- The U. S. Supreme Court has recently shown a great interest in the area of class actions and aggregate litigation. The decisions of the last term, as well as the cases currently on the docket, reveal a court deeply divided over the fundamental question of whether class actions are a valuable part of the legal system. The justices disagree, in increasingly strident tones, over the nature and quantum of proof required at the class certification stage; the policy consequences of enforcing class action waivers embedded in arbitration clauses; and the proper interpretation of the Class Action Fairness Act, among other matters. . . .

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