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ZIRPOLI v. MIDLAND FUNDING, LLC

No. 21-2438.

48 F.4th 136 (2022)

Benjamin ZIRPOLI, individually and on behalf of all others similarly situated v. MIDLAND FUNDING, LLC; Midland Credit Management, Inc., Midland Funding, LLC., Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 1, 2022.

Attorney(s) appearing for the Case

Kevin J. Abramowicz , Kevin W. Tucker , East End Trial Group, 6901 Lynn Way, Suite 215, Pittsburgh, PA 15208, Karla Girbride [ARGUED], Public Justice, 1620 L Street, N.W., Suite 630, Washington, DC 20036, John B. Keller , Keller Keller Beck & Ross, 1035 Wayne Avenue, Chambersburg, PA 17201, Counsel for Appellee.

Lauren M. Burnette [ARGUED], Messer Strickler Burnette, 12276 San Jose Boulevard, Suite 718, Jacksonville, FL 32223, Counsel for Appellant.

Before: McKEE, RESTREPO, and BIBAS, Circuit Judges.

OPINION

Arbitration is a contractual obligation. Thus, parties to a contract may delegate questions of arbitrability to an arbitrator. If parties clearly and unmistakably make this choice, then district courts generally must send threshold questions of arbitrability to arbitration to comply with the parties...

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