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163275P.pdf   07/28/2017  Catamaran Corporation  v.  Towncrest Pharmacy
   U.S. Court of Appeals Case No:  16-3275
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Fenner, District Judge] Civil case - Arbitration. In a case of first impression in this circuit, the court holds that a court, rather than an arbitrator, must decide whether an arbitration agreement authorized class arbitration; the question of class arbitration is substantive in nature and requires a judicial determination, and the district court erred in determining the issue was procedural; even though the question of class arbitration lies with the courts, parties to an agreement may nonetheless commit the question to an arbitrator; however, to do so, the parties' agreement must clearly and unmistakably delegate the question to the arbitrator; on remand, the district court should determine whether a contractual basis for class arbitration exists in the parties' agreements. See Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp. 559 U.S. 662 (2010).