3rd Circ. Rules Arbitrator Should Decide Class Status

Law360, New York (February 9, 2011, 7:50 PM EST) -- The Third Circuit has ruled that an arbitrator — not a court — must determine whether The Travelers Cos. Inc. insurance appraisers can bring overtime-pay claims as class arbitration rather than individual arbitration, overturning a lower court's decision.

The U.S. Court of Appeals for the Third Circuit on Wednesday referred the employment dispute to arbitration to resolve whether the plaintiffs can proceed as a class in arbitration over the overtime claims. The decision vacated the U.S. District Court for the District of New Jersey's order that...
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