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Class action and arbitration issues are at the center of the Supreme Court’s docket this term. Oxford Health Plans LLC v. Sutter is the latest case involving the intersection of those issues. Oxford, which will be argued on March 25, follows on the heels of American Express Co. v. Italian Colors Restaurant, which addresses the enforceability of an arbitration agreement that (as interpreted) precludes parties from proceeding on a class-wide basis. Oxford, by contrast, asks whether, consistent with the Federal Arbitration Act, an arbitration agreement that does not expressly address class arbitration can nonetheless be interpreted to authorize that procedure.

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