Postmates Cannot Avoid Arbitration Of Class Action Claims

The Ninth Circuit has rejected Postmates’ request for a determination that the arbitrability of class action claims against it must be determined by the court, not an arbitrator.

The agreement at issue specified for an arbitrator to determine arbitrability, except that “any claim that the Class Action Waiver is ‘unenforceable, unconscionable, void, or voidable shall be determined only by a court of competent jurisdiction and not by an arbitrator.’” Because the dispute did not fall into that narrow exception, the court held “that an arbitrator must decide whether petitioners have violated the Class Action Waiver.”

Bloomberg Law‘s take on the decision can be found here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s