In a Sept. 21, 2020, article in Law360, McGuireWoods partners
Diane Flannery and
Bethany Lukitsch and associates
Andrew Gann and
Kamran Ahmadian examined the possibility that the U.S. Supreme Court could solidify the
demise of class arbitration in its upcoming term.
The authors provided an overview of two recent appellate rulings on the
issue — Jock v. Sterling Jewelers Inc. in the 2nd Circuit and Shivkov v. Artex Risk Solutions Inc. in the 9th Circuit. Those
opinions, they wrote, “exemplify how two interrelated and important
inquiries have arguably rescued, albeit temporarily, class arbitration from
extinction: (1) Whether the availability of class arbitration is a
so-called question of arbitrability that should normally be decided by the
court; and (2) if the question of arbitrability is decided by the
arbitrator, whether the court should give deference to that decision.”
“We anticipate that the Supreme Court will address both this term and
continue its trend to extinguish class arbitration once and for all,” they
Flannery chairs McGuireWoods’ Products, Environmental & Mass Tort
Litigation Department and Lukitsch co-chairs the firm’s class action
practice. Gann is an associate in the Products, Environmental & Mass
Tort Litigation Department and Ahmadian is an associate in the Antitrust,
Trade & Commercial Litigation Department.
The widely read
SCOTUSblog included the article in a Sept. 24 roundup of articles previewing the
upcoming Supreme Court term, which begins Oct. 5.