SAN FRANCISCO — For plaintiffs attorneys who once made a living on consumer or employment class actions, arbitration is a dirty word.
They divide the world into two eras—pre-Concepcion, a happier time, and post-Concepcion. In the aftermath of that 2011 U.S. Supreme Court decision, class actions all but dried up and companies that once looked like rich targets shielded themselves with agreements providing that disputes with customers and employees must be resolved through arbitration. Most lawyers gave up challenging those agreements once the courts made it clear they would lose every time.
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