Cincinnati Litigator Discusses ‘Swapping Arbitrators’ During Proceedings
In a recent interview with Bloomberg Law, Dinsmore litigator Elizabeth (Libby) Shaffer was asked to discuss a recent pattern of companies switching service providers during mass arbitration campaigns.
In the article, Libby says the shift to mass arbitration is part of a battle with corporate defendants over the handling of large numbers of low-dollar claims.
An excerpt from Libby’s interview is below.
“What we’re seeing in the cases is that it’s going to be problematic to try to change your provider when you’re already in the middle of a mass arbitration or have a motion to compel arbitration pending” in court, said Elizabeth Shaffer, a partner with Dinsmore & Shohl LLP who has defended companies in mass arbitrations.
Trying to change your arbitrator can render your agreement unenforceable, and if it does, “you could expose yourself to a class action,” she said.
To read the full article, click here.