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. ...

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