The First Circuit today vacated an order granting a motion to compel arbitration under a clause that included prohibitions on class arbitration, awards of multiple damages, and a one-year limitations provision.  Distinguishing Kristian v. Comcast Corp., 446 F.3d 25 (1st Cir. 2006), the court held that the class arbitration and multiple damages provisions didn’t present a question of "arbitrability" and that therefore the arbitrator should decide their validity.  The court also struck the part about barring claims after one year.  Finding the limitations language severable, the court directed the district court to compel arbitration without it.  Anderson v. Comcast Corp., Nos. 06-2165 & 06-2203 (1st Cir. Aug. 23, 2007).

Barry Barnett

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