In the 2005 Class Action Fairness Act, Congress, heeding the pleas of the business lobby, altered the class action landscape by shifting much of that litigation from state courts to federal courts. Now, business hopes the Supreme Court will take the next step.
With the court’s agreement to consider class action questions in the Wal-Mart sex discrimination litigation earlier this month and the AT&T cell phone arbitration lawsuit, “It could be a big term,” said Brian Fitzpatrick of Vanderbilt University Law School and a former clerk to Justice Antonin Scalia.
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