April 23, 2008

Marcia Coyle at National Law Journal parrots the conclusions of Professor Michael LeRoy's study attacking employment arbitration, even though those conclusions are, as I discussed last week, completely divorced from his underlying dataset and thus have no empirical basis. The article does have a good discussion of the trial bar's divide-and-conquer strategy to gradually eliminate consumers' ability to choose the benefits from mandatory binding arbitration, though not of the tactic of trumpeting bogus studies to further that goal.