Diamante, LLC, Appellant v. Gary Dye and Linda Dye, Appellees — Byrd, J., Dissenting

Summary

The dissent argues that the trial court should not compel arbitration for unnamed class members after the class had already been certified. It reasons that doing so would effectively permit a second challenge to class typicality and superiority, issues that were required to be resolved during certification and had already been affirmed on appeal. The dissent also contends that hundreds of individual arbitrations would undermine, rather than advance, arbitration's objectives of streamlined proceedings and expeditious results.