In a case that previously yielded a precedential ruling on whether it’s up to courts or arbitrators to decide the issue of class arbitrability, a federal appeals panel has declined to read an authorization to arbitrate on a classwide basis into a contract presented to employees of placement firm Robert Half.

“Even assuming arguendo that class arbitration may be permitted without express authorization in an arbitration clause, plaintiffs have set forth nothing suggestive of any implicit intent to permit class arbitration here,” Judge Luis Felipe Restrepo wrote for the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half International.

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