Usually the plaintiffs in a class action want to stay out of arbitration, but in the recent case of JPAY v. Kobel, 2018 WL 4472207 (11th Cir. Sept. 19, 2018), it was the class representatives who were fighting for arbitration.  In particular, they wanted the arbitrator to decide whether they could have a class

Today’s post concerns a perennially hot topic: class actions.  In particular, do courts decide whether an arbitration agreement allows for class actions?  Or do arbitrators?  (Because, it turns out, there are actually some corporations who have not inserted class action waivers in their consumer contracts.)  To date, four circuit courts have held that class arbitrability

Class action arbitration continues to be a hot topic among the federal appellate courts this summer.

The 8th Circuit followed the lead of other circuit courts, finding that courts, not arbitrators, presumptively decide whether the parties’ arbitration agreement allows for class arbitration. Catamaran Corporation v. Towncrest Pharmacy, 2017 WL 3197622 (July 28,