Tag Archives: Herrington v. Waterstone Mortgage Corporation

Seventh Circuit Concludes That Courts, Not Arbitrators, Must Determine Whether Class Claims Are to Be Arbitrated

Joining several other federal appellate courts including the Fourth and Ninth CircuitsĀ , on October 22, 2018 the Seventh Circuit concluded inĀ Herrington v. Waterstone Mortgage Corporation, No. 17-3609 (7th Cir. Oct. 22, 2018) that the arbitrability of a class claim is one for the court to decide, not the arbitrator. In so doing, the court placed in jeopardy a $10 million arbitration award in a wage-hour case.

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