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.
Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. August 27, 2014).