New 11th Circuit ruling on classwide arbitration is reminder: Draft carefully, companies [Reuters]
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Source: Reuters
New 11th Circuit ruling on classwide arbitration is reminder: Draft carefully, companies | Reuters 7 Min Read (Reuters) - If you’re a company counting on your mandatory arbitration contract with employees or customers to save you from a classwide proceeding, you’d save yourself a lot of trouble if you included language to that effect in the arbitration agreement. A ruling this week from the 11th U.S. Circuit Court of Appeals in JPay v. Kobel (2018 WL 4472207) is a wake-up call about the consequences for companies that haven’t specifically addressed classwide arbitration in their contracts. In a matter of first impression for the 11th Circuit, the appeals court joined the 3rd, 4th, 6th and 8th Circuits to hold that courts, and not arbitrators, have the presumptive authority to decide whether individuals bound by an ambiguous arbitration contract have a right to band together to bring their claims. But the appeals court also said that companies lose the presumption that courts have auth
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