OPALINSKI v. ROBERT HALF INTERN. INC.

No. 12-4444.

761 F.3d 326 (2014)

David OPALINSKI; James McCabe, on behalf of themselves and all others similarly situated v. ROBERT HALF INTERNATIONAL INC.; Robert Half Corporation; Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: July 30, 2014.


Attorney(s) appearing for the Case

Richard L. Alfred, Esquire , (Argued), Patrick J. Bannon, III, Esquire , Carla J. Easton, Esquire , James M. Hlawek, Esquire , Seyfarth Shaw LLP, Boston, MA, Christopher H. Lowe, Esquire , Seyfarth Shaw LLP, Alexander Wood, Esquire , Paul Hastings, New York, N.Y., James M. Harris, Esquire , Seyfarth Shaw LLP, Los Angeles, CA, Adam N. Saravay, Esquire , McCarter & English, Newark, NJ, for Appellants.

Shannon Liss-Riordan, Esquire , (Argued), Lichten & Liss-Riordan, P.C., Boston, MA, Anthony L. Marchetti, Jr., Esquire , Marchetti Law, P.C., Cherry Hill, NJ, for Appellees.

Before: AMBRO, JORDAN, and ROTH, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

We consider whether a district court, rather than an arbitrator, should decide if an agreement to arbitrate disputes between the parties to that agreement also authorizes classwide arbitration. Because of the fundamental differences between classwide and individual arbitration, and the consequences of proceeding with one rather than the other, we hold that the availability of classwide arbitration is a substantive...

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