Ninth Circuit issues major pro-consumer decision in the on-going arbitration wars

Our readers will want to read the Ninth Circuit's decision in Blair v. Rent-A-Center, written by Circuit Judge William Fletcher.  Judge Fletcher's intro paragraph  sums up the decision nicely:

In McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017), the California Supreme Court decided that a contractual agreement purporting to waive a party’s right to seek public injunctive relief in any forum is unenforceable under California law. We are asked to decide in this case whether the Federal Arbitration Act (“FAA”) preempts California’s McGill rule. We hold it does not.

You should also read The 9th Circuit just blew up mandatory arbitration in consumer cases by legal reporter Alison Frankel. It does an excellent job explaining the parties' positions and what Blair portends.

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