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Labor/Employment

Dec. 15, 2011

Employment class action issues that stole the spotlight in 2011

Employment class action litigation took center stage this year in three distinct ways. By Curtis A. Graham of Ford & Harrison LLP


By Curtis A. Graham


Employment class action litigation took center stage in 2011, in three distinct ways: the weakening of the class action procedure; the creativity of substantive claims amendable to class-wide adjudication; and the use of arbitration as a forum for class-wide adjudication.

Class action procedure: This year evidenced a swing of the pendulum, in terms of growing intolerance for broad-scope class action employment litigation....

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