Corporate,
Alternative Dispute Resolution
Jul. 26, 2017
Can ‘class arbitration’ even be legally mandated?
The 2nd Circuit stated that the issue was whether the arbitrator had the authority to certify a class which included absent class members.
Ronald W. Novotny
Of Counsel
Atkinson, Andelson, Loya, Ruud & Romo
Phone: (562) 653-3846
Email: rnovotny@aalrr.com
Ronald represents management in labor and employment matters and writes frequently on employment law matters. He is also an Arbitrator on the American Arbitration Association’s Employment Law Panel.
For all of the wage and hour class action cases in recent years which have addressed whether certain claims can be arbitrated on a class-wide basis, one overriding question has not been directly addressed in any reported case: that is, whether a "class action arbitration" can even be legally maintained to begin with. A July 24 decision of the 2nd U.S. Circuit Court of Appeals, Jock v. Sterling Jewelers, pointedly suggests that it cannot, un...
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