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9th Circuit: Federal Arbitration Act preempts California's Broughton-Cruz rule on claims for injunctive relief
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- March 12 2012
Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals has now held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”) preempts the California Broughton-Cruz rule that prohibited arbitration of claims for injunctive relief under California’s Unfair Competition Law
US Supreme Court gives green light to class action waivers in consumer contracts
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- April 28 2011
On April 27, 2011, the U.S. Supreme Court, ruling in a five-to-four decision, in AT&T Mobility LLC v. Concepcion et ux., held that California's Discover Bank rulea rule that largely invalidated class action waivers in arbitration provisions in consumer contracts in California and other states following similar rulesis preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress
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- Firm Name - Pillsbury Winthrop Shaw Pittman LLP

- Author - Deborah S. Thoren-Peden

- Author - Nathaniel R. Smith

- Workarea - Litigation

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