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I'm not an expert in this stuff, but my understanding is that the scope of discovery allowed in each individual arbitration is likely to be substantially less t
by scott00 8y ago
I'm not an expert in this stuff, but my understanding is that the scope of discovery allowed in each individual arbitration is likely to be substantially less than that which would be allowed in a class action lawsuit. A class action would be able to demonstrate coordinated wrongdoing by presenting evidence from a representative subset of low-level employees, along with testimony from high level employees and huge troves of emails and internal documents. That type of evidence would be sufficient to generalize from what happened to the small subset of employees to what happened to all the class members. An individual arbitration however is likely going to be limited to gathering testimony of the specific low-level employees involved in the specific case under consideration. Without that evidence of centrally coordinated wrongdoing, the proof in one case is not likely to be useful in other individual arbitrations. And because of that, there's not nearly as much economy of scale in doing large numbers of individual cases as there is in class actions.