Lloyd v. J.P. Morgan Chase & Co.

I fully agree with the majority insofar as it concludes that the phrase “required to be arbitrated by the FINRA Rules” in the employment agreement (the “Chase Agreement”) modifies the phrase “[a]ny claim or controversy” such that, under the terms of the Chase Agreement, only those claims, if any, that are required to be arbitrated under the FINRA Rules are subject to arbitration. See ante at 273.

I write to express my concern, however, about the panel’s conclusion that New Rule 13204, which amended Old Rule 13204 (as those terms are defined in the majority opinion) by adding collective actions…