In JPay, Inc. v. Kobel, Case No. 17-13611 (decided September 19, 2018), the United States Court of Appeals for the Eleventh Circuit addressed whether a court or an arbitrator must decide whether a matter could be arbitrated as a class action. The two claimants at issue had purchased services from JPay. As part of their purchases, they entered into agreements that provided that any dispute between the parties arising out of their agreements would be resolved by arbitration. The agreements specifically said that disputes would be arbitrated pursuant to Rules of the American Arbitration Association. The agreement further provided that… Read more