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Third Cir. Returns Amazon Driver’s Arbitration Dispute to Judge (1)

Sept. 8, 2021, 3:41 PMUpdated: Sept. 8, 2021, 6:13 PM

An Amazon.com Inc. “flex” driver suing for wages and tips must return to a federal trial court to determine whether state law will send his proposed class action to private arbitration, a divided Third Circuit ruled Tuesday, leaving questions about the application of a federal arbitration exemption for another day.

Whether state law bars New Jersey driver Robert Harper from bringing class wage claims in court is a “threshold inquiry” and requires prompt review before returning to the “comparatively complex federal question,” according to Judge Paul Matey of the U.S. Court of Appeals for the Third Circuit, who wrote for ...

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