The Savior of Aggregate Litigation: The Giving Green Tree

Authors

Matthew Maggiacomo, Benjamin N. Cardozo School of Law

Abstract

Section I of this Note summarizes the general background and fundamental aspects of present-day federal arbitration law. Section II highlights the recent developments in federal arbitration law, the rise of mandatory arbitration clauses, collective or class action waivers, and the Supreme Court's decision in Concepcion. Section III addresses the current confusion in the law, analyzing both the holdings of the Second and Ninth Circuits. Section IV provides guidance to the Supreme Court on how courts should handle claims in federal arbitration law's changing environment to ensure the validation of individuals' rights and predicts how the federal arbitration landscape will look after the Supreme Court renders an opinion in the Amex series.

Disciplines

Antitrust and Trade Regulation | Dispute Resolution and Arbitration | Law

Recommended Citation

Matthew Maggiacomo, The Savior of Aggregate Litigation: The Giving Green Tree, 14 Cardozo J. Conflict Resol. 939 (2013).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss3/12