Shawn Nadel notes: A sweeping new study of thousands of private arbitration cases filed between 2010 and 2016 provides some evidence that a few lawyers are beginning to understand that mandatory individual arbitration may be a new opportunity. Yes, in the minds of some, that opportunity is born of the desperation engendered by the Supreme Court’s pro-arbitration rulings. But the study found that arbitration reforms have left the door open for some kinds of consumer plaintiffs, employment and medical malpractice claims, and that “enterprising” lawyers are figuring out how to take advantage of that opening.
In a study titled Arbitration Nation, law professors David Horton and Andrea Chandrasekher of the University of California, Davis, undertook what seems to be the most comprehensive review to date on private arbitration cases. The results are promising for consumer plaintiffs!
