Spirit Airlines Loses Round in $9 Fare Club Class Action

Spirit Airlines Inc. failed to convince an appeals court to see things its way when it comes to allowing classwide arbitration by unhappy customers.

An arbitrator, not the courts, should decide whether the passengers can arbitrate their dispute on a classwide basis, Judge Beverly B. Martin wrote Aug. 15 for the U.S. Court of Appeals for the Eleventh Circuit.

The question has divided the federal appeals courts. Defendants tend to argue that the court should make the call. Plaintiffs argue it should be the arbitrator.

There’s a perception that arbitrators are more likely to interpret an arbitration agreement to allow ...