The article focuses on two manifestations pertaining to collective litigation procedures including first, class actions can be avoided by defendants through "individualizing" the prospective class and second, they can selectively contract with victims to reduce their capacity to litigate. It discusses the U.S. Supreme Court's decision in Wal-Mart v. Dukes, in which Wal-Mart Stores Inc. avoided collective litigation because the decision for employment was made by local supervisors.
The Malleability of Collective Litigation,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol88/iss2/4