2nd Circuit Reverses District Court Ruling On Binding Class Arbitration

Mealey's (November 21, 2019, 2:45 PM EST) -- NEW YORK — An arbitrator didn’t exceed her authority when she purported to bind absent class members in a gender discrimination lawsuit as all class members signed the operative arbitration agreement, a Second Circuit U.S. Court of Appeals panel ruled Nov. 18, noting that on remand, the District Court must consider for the first time whether an opt-out class rather than a mandatory one was appropriate (Laryssa Jock, et al. v. Sterling Jewelers Inc., No. 18-153, 2nd Cir., 2019 U.S. App. LEXIS 34205)....