The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of class arbitration is a substantive question of arbitrability for the court (not the arbitrator) to decide, absent clear agreement otherwise. See our prior post about that opinion here.
Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. August 27, 2014).