United States Third Circuit

In plaintiffs' suit challenging retroactive interest-rate increased on the account balances of their Chase Bank credit cards, judgment of the district court compelling the parties to arbitrate their claims on an individual basis is affirmed as plaintiffs' claims of unconscionability regarding a class action waiver was a question of arbitrability for the court to decide, and as such, the district court properly exercised its responsibility to decide issues of arbitrability.

Appellate Information

• Argued 02/17/2010
• Decided 05/10/2010
• Published 05/10/2010

Judges

• Before McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mark R. Cuker, Esq., Michael J. Quirk, Esq. [ARGUED], Williams, Cuker & Berezofsky, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Robert S. Stern, Esq., Nancy R. Thomas, Esq. [ARGUED], Morrison & Foerster, Los Angeles, CA, Jeffrey S. Saltz, Esq., Philadelphia, PA, for Appellee.