Sixth Circuit Affirms District Court, Rejects Attorney’s Bid for Class-Wide Arbitration, by Kprofs2013, edited by D.A. Jeremy Telman, ContractsProf Blog
This case started as a disagreement between a law firm and LexisNexis over billing practices. The parties’ disagreement was bound by an arbitration agreement. The law firm decided to bring two class actions over 500 million dollars against LexisNexis. The terms of the arbitration agreement and the lack of any definitive U.S. Supreme Court ruling on whether classwide arbitrability is a “gateway” or “subsidiary” question places the Sixth Circuit in an interesting conundrum.
What follows in this post at ContractsProf Blog is an analysis of the Sixth Court’s opinion, the ambiguous arbitration agreement, and the use, or lack thereof, of the unconscionability doctrine. -CCE