With Roger Gottilla, Steven Muhlstock
On May 10, 2010, in a 6-4 decision authored by Chief Judge Theodore A. McKee, the United States Court of Appeals for the Third Circuit held that a challenge by two credit card holders to the class action waiver contained in the arbitration provisions of their cardmember agreements presented a question of arbitrability for the District Court for the Eastern District of Pennsylvania ("District Court") rather than the arbitrator.