Welcome to 2020!
I hope that you all had a safe and rejuvenating holiday season. A new decade brings us plenty of new opportunities for thrilling arbitration news and developments!
But, up first, more on class arbitrability. I know. I know. So last decade. But trust me, this is a case you want to keep
Happy August! What’s a better way to start the month than thinking about class arbitrability! Again. Ugh.
Trust me, I would much rather consider so many other exciting arbitration issues, but this one seems to be occupying a lot of court attention, so I’d be remiss not to report on it.
Since my last update,
The Fifth Circuit just deepened (and confused) a Circuit split over the question of who decides whether an arbitration agreement permits class proceedings. See 20/20 Communications, Incorporated v. Crawford, 2019 WL 3281412 (5th Cir. July 22, 2019).
Liz has written about the split here, here, and here. (You might also recall