Class Arbitration Questions Are For Courts, 7th Circ. Says
By Braden Campbell (October 23, 2018, 4:05 PM EDT) -- The Seventh Circuit on Monday became the latest appeals court to say it's up to judges — not arbitrators — to decide whether parties agreed to class or collective arbitration, tentatively wiping out an ex-Waterstone Mortgage Corp. worker's $10 million class arbitration win.
The unanimous panel said whether Waterstone agreed to let Pamela Herrington bring classwide arbitration is a "question of arbitrability," which refers to a class of "gateway" legal queries concerning whether parties agreed to arbitration and whether their agreement covers a given dispute. The U.S. Supreme Court has said judges should answer such questions.
Monday's ruling directs the Western...
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