2nd Circ. Courts Dive Into 'Class Arbitration' Questions

By Gilbert Samberg (February 15, 2018, 11:28 AM EST) -- In a series of articles over the past several months, we asked whether "class arbitration" — meaning the utilization of the Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S. jurisprudence. We suggested that it arguably is not, considering the fundamental nature of arbitration. And we noted that the U.S. Supreme Court had not addressed core issues that will ultimately determine the viability of a class arbitration award, nor had the various courts of appeal grappled with those issues. But the courts in the Second Circuit have begun to do so. ...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as