The judge in charge of Philadelphia’s class action program has ruled that class litigation preclusion clauses in contracts of adhesion are “unconscionable and unenforceable.”
In his strongly worded opinion in Thibodeau v. Comcast, which consolidated both that case and Afroilan v. AT&T Wireless, Judge Mark I. Bernstein concluded that the mandatory individual arbitration clauses found in many contracts of adhesion have served to “immunize large corporations from liability by allowing them to preclude all class action litigation.”
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