Skip to main content

Gembarski v. PartsSource, Inc. (Slip Opinion)

OhioAugust 14, 2019No. 2018-0125Cited 25 times

Case Details

Judge(s)
Fischer, J.
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Excerpt

Civil law—Civ.R. 23(A)—In a class-certification case, when the case originates with a single named plaintiff and that plaintiff is not subject to an arbitration agreement that was entered into by unnamed putative class members, the defendant need not raise a specific argument referring or relating to arbitration in the answer—Defendant may raise an argument that relates to arbitration against putative class members at the class-certification stage of proceedings—Court of appeals' judgment reversed and cause remanded.

What This Ruling Means

**Gembarski v. PartsSource: Court Rules on Class Action and Arbitration** This case involved a dispute over whether workers at PartsSource, Inc. could join together in a class action lawsuit. The main issue was about arbitration agreements - contracts that require workplace disputes to be resolved through private arbitration rather than court trials. The original plaintiff, Gembarski, was not bound by an arbitration agreement, but other workers who wanted to join the class action had signed such agreements. PartsSource argued that these arbitration agreements should prevent those workers from participating in the group lawsuit. The Ohio Supreme Court decided that PartsSource didn't need to raise arbitration objections in their initial response to the lawsuit. Instead, they ruled that the company could wait until the class certification stage (when the court decides whether to allow a group lawsuit) to argue that some workers should be excluded because of their arbitration agreements. **What this means for workers:** This ruling makes it harder for employees to band together in class action lawsuits when some workers have signed arbitration agreements. Companies now have more flexibility in when they can use these agreements to split up worker groups and potentially weaken collective legal action.

This summary was generated to explain the ruling in plain English and is not legal advice.

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.