4th Circuit: Court Should Decide If Class Defects Claims Should Be Arbitrated

Mealey's (March 29, 2016, 10:50 AM EDT) -- RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on March 28 reversed a federal judge in South Carolina’s decision finding that an arbitrator should decide if a putative class’s construction defects claims are subject to arbitration, ruling that fundamental differences between bilateral and class arbitration are a gateway question for the court (Del Webb Communities Inc., et al. v. Roger F. Carlson, et al., No. 15-1385, 4th Cir.; 2016 U.S. App. LEXIS 5700).

(Opinion available. Document #09-160401-024Z.)

A panel composed of Fourth Circuit...
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