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The Battle Over the Gateway: The United States Supreme Court Holds that an Arbitrator is to Decide Class Action Issue in Green Tree Financial Corp. v. Bazzle - JAA 2003 Vol. 2, No. 2

Author(s): 
Alissa L. Klein
Media Description: 
PDF from "Journal of American Arnitration (JAA)"
Published: 
July, 2011
Jurisdictions: 
United States
Practice Areas: 
Dissenting and Separate Opinions,
Court Decisions,
Other
Author Detail: 

Alissa L. Klein, J.D. candidate 2005, Tulane Law School; B.A. Sociology, University of California at
Santa Cruz, 1999; Final year of University wrote thesis and studied at University of Sussex,
England, with a focus on Pop Culture. Thank you to senior editors Marla Owczarek and
Jacqueline Simms for their assistance and answering all my questions. Ms. Klein is a
contributing member of The Journal of American Arbitration.

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Description: 

Originally from:

Journal of American Arbitration (JAA) - Vol. 2, No. 2

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ARTICLES

The Battle Over the Gateway: The United
States Supreme Court Holds that an Arbitrator
is to Decide Class Action Issue in Green Tree
Financial Corp. v. Bazzle
By Alissa L. Klein

I. OVERVIEW
Lynn and Burt Bazzle (the Bazzles) secured a home improvement
loan from Green Tree Financial Corp. (Green Tree) in 1995 and signed a
contract that contained an arbitration clause.1 The arbitration clause
provided for all disputes to be compelled to arbitration, but was silent on
the issue of class arbitration.2 In a separate transaction, Daniel Lackey
and George and Florine Buggs (the Buggses), also signed “loan contracts
and security agreements for the purchase of mobile homes with Green
Tree” that contained arbitration clauses essentially identical to the one in
the Bazzles’ contract.3 All of the above respondents filed suits in South
Carolina state court claiming that when the loan transactions were
entered into, Green Tree breached South Carolina law by not informing