Shay Lavie


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.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.