11th Circ. Pushes M&T Overdraft Case Toward Arbitration

Law360, New York (March 21, 2012, 9:40 PM EDT) -- The Eleventh Circuit ruled Wednesday that whether a putative class action over M&T Bank Corp. overdraft fees is subject to arbitration should itself be decided by an arbitrator, overturning a Florida federal judge's ruling that the case lies outside an arbitration agreement's scope.

Named plaintiff Maxine Given's suit over M&T's fees falls within a provision of the bank's customer agreement saying “any issue regarding whether a particular dispute or controversy is ... subject to arbitration will be decided by the arbitrator,” according to the ruling....
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