11th Cir Holds Lower Court Erred in Holding Bank Waived Arbitration as to Unnamed Putative Class Members
The Eleventh Circuit Court of Appeals in In Re Checking Account Overdraft Litigation, Celia Spears-Haymond held that District Court erred in ruling that a bank waived its rights to compel arbitration of unnamed putative class members’ claims.
The lower court lacked jurisdiction to resolve issues involving unnamed putative class members prior to certification, and that the named plaintiffs lack standing. Accordingly, the Eleventh Circuit reversed the district court’s order.
Plaintiff’s were consolidated into case number 13-12082 previously had 5 separate class actions regarding bank overdraft charges pending.
Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: firstname.lastname@example.org