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Litigation

Jun. 26, 2007

Strategy Uses Arbitration Terms to Break Up Class

Companies are using contractual clauses that force disputes into arbitration to bust up employment class actions. It's an effective tactic, but one that continues to draw criticism from plaintiffs' lawyers and close scrutiny from courts.

By Laura Ernde
Daily Journal Staff Writer

      SAN FRANCISCO - Companies often try to defend class actions using a divide-and-conquer strategy. Bust the class action, the theory goes, and individual plaintiffs won't have the money or gumption to pursue the complaint on their own.
      San Francisco-based attorneys for a national uniform company have taken that approach to the hilt in dealing...

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