The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right to compel arbitration of unnamed class member claims was not lost because there was no “party” against whom to compel arbitration unless or until a class is certified. This occurred in Garcia et al. v. Wells Fargo Bank, N.A., Case No. 16-16820.
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