U.S. Court of Appeals for the Eleventh Circuit

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Case Updates

Case dismissed

July 17, 2015

This case was dismissed due to a settlement between the parties.

U.S. Chamber argues that courts, not arbitrators, must decide the threshold question of whether parties agreed to class arbitration

April 01, 2015

The U.S. Chamber filed an amicus brief asking the Eleventh Circuit to reverse a district court order compelling arbitration without deciding the threshold question of whether class arbitration would be available. The district court had concluded that an arbitrator should decide the availability of class arbitration. The Chamber brief argued, however, that the availability of class arbitration is a “gateway” question that is presumptively for the courts to decide, and that nothing in the arbitration agreement provided the sort of clear and unmistakable statement needed to override that presumption.

Evan M. Tager, Archis A. Parasharami, and Daniel E. Jones of Mayer Brown, LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.

Case Documents