ATTIX v. CARRINGTON MORTG. SERVICES, LLC

No. 20-13575.

35 F.4th 1284 (2022)

William ATTIX, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. CARRINGTON MORTGAGE SERVICES, LLC, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: May 26, 2022.


Attorney(s) appearing for the Case

Howard M. Bushman , Adam Moskowitz , Adam A. Schwartzbaum , Joseph M. Kaye , Barbara Cabrera Lewis , The Moskowitz Law Firm, Coral Gables, FL, for Plaintiff-Appellee.

Brian W. Toth , Freddy Funes , Toth Funes, PA, Miami, FL, Fredrick S. Levin , Buckley Sandler, LLP, Santa Monica, CA, Scott T. Sakiyama , Buckley Sandler, LLP, Chicago, IL, for Defendant-Appellant.

Before Branch, Grant, and Brasher, Circuit Judges.


Parties often agree to arbitrate disputes arising from their contracts. They may arbitrate all kinds of disputes, including whether their claims are arbitrable. In other words, parties are free to arbitrate not only the "merits" of their claims, but also the "arbitrability" of their claims. But— wait for it—parties...

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