“Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)”

Those wrestling with questions regarding the arbitrability of class actions will find helpful this article by Gilbert Samberg of Mintz published in The National Law Review. Mr. Samberg uses the U.S. Supreme Court’s recent denial of certiorari in Jock v. Sterling Jewelers, Inc., 2019 U.S. App. LEXIS 34205 (2d Cir. Nov. 18, 2019), cert. den., No. 19-1382, 2020 U.S. LEXIS 4133 (Oct. 5, 2020) to discuss in an especially clear fashion the legal landscape surrounding arbitral class actions, in particular the issue of whether, and under what circumstances, “non-appearing putative class members, who were not parties to the operative arbitration agreement, bound by that arbitrator’s decision regarding class arbitrability.”