That case tests whether businesses can short-circuit a consumer class action by invoking the federal Arbitration Act, which encourages arbitration instead of litigation.

FORBES: Class-Action Foes Have Trifecta Before Supreme Court

That happened today when the Ninth Circuit Court of Appeals ordered a controversial class action employment case to proceed against Wal-Mart despite the bitter objections, not just of the 930, 000-employee retailer but five judges including Chief Justice Alex Kozinski.

FORBES: Ninth Circuit Gives Wal-Mart A Big Headache

In circumstances such as this, our Circuit has found it appropriate to vacate the agency action on remand.

FORBES: Dramatic Federal Court Ruling Vacates CFTC Positions Limit Rule