Does A Federal District Court Have Jurisdiction To Decide Whether An Arbitration Agreement Enables A Plaintiff To Demand A Class Arbitration?
In Redman Home Builders Co. v. Lewis¸ Case No. 2:07-cv-107, 2007 WL 1559932 (S.D. Ala. May 29, 2007), the district court concluded that because the arbitration agreement was silent as to the issue of class action arbitration, the arbitrator (not the court) must resolve the issue of whether the arbitration agreement nevertheless permits class action arbitration.