6th Circ. Hands Employers A Victory On Class Arbitration
By Ben James
Law360, New York (November 6, 2013, 7:20 PM EST) -- The Sixth Circuit's ruling that courts — not arbitrators — should decide whether class arbitration is permissible under an arbitration pact that doesn't explicitly allow it is the first appellate decision to analyze and resolve the question and marks a big win for employers looking to use individual arbitration to avoid costly class actions, lawyers say.
Tuesday's panel decision, which upheld a ruling that barred a database subscriber from pursuing class arbitration against LexisNexis owner Reed Elsevier Inc., marked the first time a federal circuit court...