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Same As It Ever Was?

By Jeff Bowen
May 02, 2015

In last month's issue, we noted that in the past few years, the Supreme Court has issued several important decisions limiting the availability of class-wide arbitration.

While the impact on class-wide arbitration itself has been explored intensively, the potential impact on other forms of aggregation has received somewhat less attention, even though principles announced in these class arbitration cases could have an impact on the consolidation of commercial arbitration, including insurance coverage disputes. As we discussed, lower courts, however, largely consider the landscape for consolidation relatively unchanged.

We conclude the discussion herein.

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