November 28, 2017 Article

Second Circuit Questions Arbitrator’s Authority to Bind Absent Members to Class Arbitration

The court overturned a district court decision affirming the arbitrator’s decision.

By Melinda G. Gordon

In Jock v. Sterling Jewelers, Inc., No. 15-3947 (2d Cir. July 24, 2017), the U.S. Court of Appeals for the Second Circuit cast doubt on whether an arbitrator can certify a class that includes absent class members. The case poses potentially big implications for resolving class arbitration cases with finality.

Premium Content For:
  • Litigation Section
Join - Now