Classwide arbitration is a murky area of law and a federal judge in Pennsylvania has certified one of its threshold questions—whether district courts or arbitration panels are supposed to decide which one will determine if a given contract allows for arbitration of classwide claims—as an interlocutory appeal to the Third Circuit.
It is the so-called “who decides” question and two judges in the Middle District of Pennsylvania answered it differently following the U.S. Court of Appeals for the Third Circuit’s opinion in Opalinski v. Robert Half International that was issued over the summer. One of those Middle District judges, Matthew Brann, has now sent the question to the appeals court.
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