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On March 25, 2013 the Supreme Court heard oral argument in Oxford Health Plans LLC v. Sutter.  The question in the case is whether an arbitrator acts within his powers under the Federal Arbitration Act (as the Second and Third Circuits have held) or exceeds those powers (as the Fifth Circuit has held) by determining that parties affirmatively agreed to authorize class arbitration based solely on their use of broad contractual language precluding litigation and requiring arbitration of any dispute arising under their contract.

To discuss the case, we have Peter “Bo” Rutledge, who is the Herman E. Talmadge Chair of Law at the University of Georgia School of Law.

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