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Class Action Arbitration Should be Decided by Courts, Says Appellate Court - Appellate Practice News

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Appellate Practice News


Posted on: Aug 8, 2014

A ruling by the Federal Third Circuit Court of Appeals has clarified a question of procedure when it comes to alternative dispute resolution cases. Many times in these cases, parties are in dispute over where the case can be solved - in court or in front of an arbitrator. Becuase both sides are invested, oftentimes an issue arises as to who has the authority to make that decision.

The Third Circuit ruled in David Opalinski et al v. Robert Half International Inc. that the issue of whether a class action should be arbitrated is something for a judge - and not the abritrator - to decide. They held that the arbitrator had "no authority to decide the class action issue, particularly given...the 'fundamental' differences between the arbitration of an individual and that of a class action." 

To read more about the issue, check out this article.

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