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Expert Analysis

2nd Circ. Offers Insight On 'Class Arbitration' Questions

By Gilbert Samberg ( July 27, 2017, 11:25 AM EDT) -- In a recent series of articles, we asked whether "class arbitration" — meaning the utilization of a Federal Rules of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of arbitration, we suggested that it arguably is not. We noted that the U.S. Supreme Court and various courts of appeal had examined several related procedural questions, but that they had not gotten to the core issues that would ultimately determine the viability of a class arbitration award....

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