11th Circuit: Availability Of Class Arbitration Is Presumptively Decided By Court

Mealey's (October 4, 2018, 12:50 PM EDT) -- ATLANTA — A split 11th Circuit U.S. Court of Appeals panel on Sept. 19 ruled, in a matter it noted was one of first impression, that the availability of class arbitration is presumptively an issue for the court to decide; however, in the case before it, the panel held that the contract in place clearly expressed an intent to arbitrate that gateway question (JPay, Inc. v. Cynthia Kobel, et al., No. 17-13611, 11th Cir., 2018 U.S. App. LEXIS 26609)....