A plurality of the U.S. Supreme Court ruled that an arbitrator must decide whether class action arbitration in a consumer action is authorized. Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (June 23, 2003).
Supreme Court Hands Arbitrators the Keys to the Class Action
A plurality of the U.S. Supreme Court ruled that an arbitrator must decide whether class action arbitration in a consumer action is authorized. <i>Green Tree Financial Corp. v. Bazzle</i>, 123 S.Ct. 2402, (June 23, 2003). Four Justices concluded that whether or not the contracts forbid class arbitration is a disputed issue of contract interpretation and that such a dispute must be decided by an arbitrator. Justice Stevens concurred in the judgment. This decision is likely to directly impact the arbitration of statutory discrimination claims as well as other employment arbitrations. The question is in what ways and to what effect.
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Merrick T. RosseinThis premium content is locked for LawJournalNewsletters subscribers only
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