It’s Easy to See: 20/20 a Clear Win for Employers in the Fifth Circuit

Seyfarth Synopsis: In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a “gateway” issue for courts, not arbitrators, to decide—unless there is “clear and unmistakable language” in the arbitration agreement to the contrary. No circuit court has ruled to the contrary, and only the First, Second, and Tenth Circuits have yet to weigh in. In 20/20 Communications, the latest decision to address this issue, the district court, over the employer’s objection, had held that the arbitration agreement authorized the arbitrator, rather than the court, to determine the class arbitrability issue.

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