The Hollowed Out Common Law

There are two striking features about the ways in which contracts stemming from the electronic marketplace are adjudicated today. The first is the steady decline in the number of cases litigated in state court as compared with the federal forum. By 2015, federal courts adjudicated the vast majority of claims concerning formation issues in contracts in the electronic market. Drawing on data from consumer cases involving  largely electronic transactions, we show that state common law has all but  disappeared. The second development is related to the first: the relative rise of class action suits. The use of class actions to … Read more