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Supreme Court of Ohio - 2-20-2019 - Case No. 2018-0125 Gembarski v. PartsSource, Inc.
Edward F. Gembarski v. PartsSource Inc., Case No. 2018-0125
Eleventh District Court of Appeals (Portage County)
ISSUES:
- Is the class certification stage of a class-action lawsuit the proper time to raise defenses against expected class members?
- When the representative member in a class action who wasn't subject to an employer's arbitration agreement seeks to include as members of the class those who were subject to arbitration, does the class meet the class-action legal requirements?
- Does a party to a lawsuit waive the right to arbitrate by failing to assert arbitration as an affirmative defense?
Eleventh District Court of Appeals (Portage County)
ISSUES:
- Is the class certification stage of a class-action lawsuit the proper time to raise defenses against expected class members?
- When the representative member in a class action who wasn't subject to an employer's arbitration agreement seeks to include as members of the class those who were subject to arbitration, does the class meet the class-action legal requirements?
- Does a party to a lawsuit waive the right to arbitrate by failing to assert arbitration as an affirmative defense?
February 20, 2019