David N. Cinotti Authors Article in Law360, “Unpacking Jurisdiction Issues in 3rd Circ. Arbitration Ruling”
David N. Cinotti, partner at Pashman Stein Walder Hayden P.C., recently authored an article in Law360 titled, “Unpacking Jurisdiction Issues in 3rd Circ. Arbitration Ruling.” Cinotti’s article analyzes and discusses the future implications of a ruling made by the U.S. Court of Appeals for the Third Circuit in George V. Rushmore Service Center LLC. The ruling, decided on August 13, 2024, concerns when a district court must decide the plaintiff’s standing to sue on the merits of his or her claims and other Article III jurisdictional issues before deciding whether the dispute is arbitrable under the Federal Arbitration Act. Those issues most frequently will arise when consumers file putative class actions for privacy-related claims and a company contends that the claims are covered by an arbitration agreement between the parties. In George, the plaintiff filed a putative class action, the defendants won a motion to compel arbitration and then won the arbitration itself, but the Third Circuit held that the district court had no jurisdiction to decide the defendants’ motion because the plaintiff did not plead facts showing an injury in fact sufficient for Article III standing.
To read the full Law360 article, click here.