As explained in the lecture and readings, several developments have combined to undermine the class action: (a) Congress passed a law, the Class Action Fairness Act, that pushed most class actions from state to federal court, (b) the Supreme Court, particularly in the Wal-Mart case, made it more difficult to certify a class action in federal court, and (c) the Court has repeatedly enforced arbitration clauses even if they contain explicit or implicit waivers of class actions.
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