Lawrence T. Gresser Speaks to Law360 about the Supreme Court’s Recent Class Arbitration Ruling

The U.S. Supreme Court recently ruled that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover. Gresser explains, “The other shoe has dropped…The lesson of Justice Scalia's majority opinion in American Express is that class action waivers will be enforced even when the arbitration clause is not customer friendly and the individual plaintiff's cost of arbitrating a claim is certain to exceed the potential recovery."