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Green Tree Financial Corporation v. Bazzle April 22, 2003 (02-634) return to case listing Case Summary Respondents signed a contract with Petitioner that contained a clause stating if any disputes arose from the contract, both sides would resolve them through an arbitrator. When a dispute did arise, Respondents filed suit and later amended their complaint to ask for class certification. Petitioner responded with a motion to compel arbitration. The court issued two rulings ? one granting Respondents' class certification and one granting Petitioner's request for arbitration. Petitioner did not intend for claims to be brought in arbitration on a class basis. After the arbitrator found Petitioner liable and awarded the class substantial damages, Petitioner appealed arguing that class-wide arbitration cannot be ordered under the Federal Arbitration Act, 9 U.S.C. 1 et seq., where an arbitration agreement does not explicitly provide. The South Carolina Supreme Court affirmed the arbitration award and held that class-wide arbitration may be ordered when the agreement is silent if doing so would further efficiency and equity and would not result in prejudice. The opinion of the South Carolina Supreme Court is found at 569 S.E.2d 349. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Reverse 9-0 to Affirm n/a 5-4 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Stevens Scalia Souter Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens Souter Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Kennedy Thomas return to case listing