In Reed Elsevier, Inc. v. Crockett, 734 F.3d 594 (6th Cir. 2013) (No. 12-3574),, a law firm sued Lexis/Nexis for breach of contract, individually and on behalf of a class.  The contract required disputes to be arbitrated, but said nothing about classwide arbitration.  Affirming the district court, the Sixth Circuit found the arbitration clause did not permit classwide arbitration.  The court first addressed whether classwide arbitrability was a question for a court or for the arbitrator.  InOxford Health Plans LLC v. Sutter, 133 S. Ct. 2064, 2068, n.2 (2013), the Supreme Court stated that this issue was undecided.  The Sixth Circuit concluded that whether the arbitration agreement permits classwide arbitration is a “gateway” matter, which a court must decide.  Turning to the merits, the court concluded the arbitration clause did not clearly and unmistakably authorize classwide arbitration.  The clause did not mention classwide arbitration, which was inconsistent with other aspects of the clause.  The clause needed to be explicit in order to authorize the “momentous consequence” of classwide arbitration.