United States Second Circuit

In a matter of first impression, decision holding that the enforceability of a class action waiver provision contained in the contract between parties was a question for the arbitrator is reversed and remanded where: 1) the question of the enforceability of the class action waiver provision was properly decided by the court; and 2) the class action waiver provision was unenforceable under the Federal Arbitration Act.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States Second Circuit

Counsel