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Ninth Circuit Narrows California Exception To Arbitration Agreements, But Puts Off Deciding Whether FAA Preempts The Exception Altogether

11 April 2013
Mayer Brown's Class Defense Blog

Earlier today, the Ninth Circuit issued its en banc opinion in Kilgore v. KeyBank, N.A. The court had granted en banc review to decide whether the Federal Arbitration Act preempts California’s so-called “Broughton/Cruz” rule, which declares that claims for “public” injunctive relief under California consumer protection statutes are unsuitable for, and exempt from, arbitration.

Read the entire post on Mayer Brown's Class Defense Blog.


  • Andrew J. Pincus
    T +1 202 263 3220
  • Archis A. Parasharami
    T +1 202 263 3328

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