One hot topic of late in class action law is whether a class action can occur in arbitration? And who decides? Have the Florida courts weighed in?
In
Fastfunding the Company, Inc. v. Betts, 951 So. 2d 116 (Fla. 5th DCA March 16, 2007), the Fifth DCA did. In this short opinion, issued March 16, 2007, the court stated that "the arbitrator must determine whether, under Florida law, the arbitration may proceed as a class action."