What Happened: The Eleventh Circuit held in Spirit Airlines, Inc. v. Maizes, No. 17-14415, 2018 WL 3866335, at *1 (11th Cir. Aug. 15, 2018) that an arbitrator, rather than the district court, must decide whether the arbitration agreement allows for arbitration of class claims.
The Takeaway: Before parties enter into arbitration agreements they should consider who they want to decide questions of arbitrability and carefully examine the rules they choose because there may be provisions that could lead to unintended consequences relating to arbitrability and procedural issues.
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