You can agree to disagree, but can you agree to preclude a court from reviewing an arbitration award? According to David McMahon of Barger & Wolen, the Ninth Circuit U.S. Court of Appeals recently gave a definitive “no” to the question.
The case was Burton v. Class Counsel, and the appeal arose from multidistrict litigation relating to wage-and-hour claims against Wal-Mart; the matter settled for $85 million, McMahon says, and the parties all agreed to have a master settle any fee disputes...
