In a recent case, the California Court of Appeal for the Fourth Appellate District handed down a decision involving the question of whether the court or the arbitrator decides if a case involving a class action can be arbitrated when the arbitration agreement is silent as to that issue. Specifically, the court asked: "Who decides whether an agreement to arbitrate disputes between the parties to the agreement authorizes class and/or representative arbitration when the contract is silent on the matter--the arbitrator or the court?"
A judge recently held that the Massachusetts Superior Court did not have long-arm jurisdiction to hear a defamation claim against several non-residents who allegedly published false, defamatory statements about a Massachusetts resident on the Internet. See Arthur v. Doe, 32 Mass. L. Rptr. 296 (2014), 2014 WL 4364850. The opinion -- while not binding authority -- may be of interest to foreign litigants who find themselves facing Internet-based defamation claims in the Commonwealth.