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Sixth Circuit Ruling Restricts Imposition of Arbitration
Class Actions, Arbitration Teddy Basham-Witherington Class Actions, Arbitration Teddy Basham-Witherington

Sixth Circuit Ruling Restricts Imposition of Arbitration

A recent Sixth Circuit decision, Taylor v. Pilot Corp, broadly reaffirms that an agreement to arbitrate must be just that—an agreement. It suggests that questions about the formation of that agreement must be decided by a court—not an arbitrator. And it reaffirms the courts’ power to supervise discovery going to the question of contract formation without interference from appellate courts or arbitrators.

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