Third Circuit Holds Courts, Not Arbitrators, Decide if Class-Wide Arbitration is Authorized, Even if Arbitration Agreement Invokes AAA Rules
The Third Circuit began the New Year by ruling that courts, not arbitrators, decide whether an arbitration agreement authorizes class-wide arbitration, even if the agreement invokes American Arbitration Association rules. Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, — F.3d —, 2016 WL 53860 (3d Cir.… Read More
Ascertainability Sinks Comcast Class Settlement
While ascertainability is often hard-fought in class certification motions, it’s unusual for a class action settlement to crater on ascertainability. But that’s exactly what happened to a Comcast settlement in federal court in Philadelphia earlier this month. When Judge Anita Brody learned that Comcast had… Read More
Ascertainability in Flux: Who’s in and who’s out
A recent decision by the Seventh Circuit Court of Appeals signals a growing divide among the circuits over the “ascertainability” question in class actions. In Mullins v. Direct Digital, LLC, No. 15-1776, — F.3d —, 2015 WL 4546159, at *1 (7th Cir. July 28, 2015),… Read More