Press Release
Legal Brief
Date: July 27, 2026
RLC’s Position: The RLC’s brief argues in favor of the enforceability of mass-arbitration bellwether protocols. Our brief argues that (!) plaintiffs’ right to opt out of arbitration in this case defeats their procedural-unconscionability challenge, and (2) the staged bellwether provision is not unconscionable—it is the mechanism that makes mass arbitration work fairly for all parties.
Counsel: Adam Unikowsky of Jenner & Block drafted the brief.
Coalition: The RLC joined the U.S. Chamber and the National Retail Federation.