Silent Treatment: Removing the Class Action from the Plaintiff's Toolbox without Ever Saying a Word - Bazzle v. Green Tree Fin. Corp., The

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Vol: 2003, Issue: 1

Publication Year:
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Lockridge, Andrea
class action; plaintiff's toolbox; bazzle; Dispute Resolution and Arbitration; Law
artifact description
A motion for class certification is often a pivotal point in a lawsuit, playing a determinative role throughout the course of the litigation. Plaintiffs use the class action as a tool to consolidate common claims against a defendant, bypassing the expensive process of bringing suit individually. 2 Defendants hotly contest certification of the class, seeking to avoid the ramifications of a judgment which reflects the cumulative losses of the multitude. This casenote addresses the effects of allowing an arbitration clause that is silent as to class-wide arbitration to preclude the plaintiffs' option to bring suit as a class, and the South Carolina Supreme Court's decision in Bazzle to protect consumers from this restrictive kind of treatment.