The Ninth Circuit’s En Banc Argument in Kilgore v. Keybank

An 11-judge en banc panel of the Ninth Circuit heard oral argument this week in Kilgore v. Keybank, an important consumer arbitration case.
Kilgore presents the question whether the Federal Arbitration Act and the Supreme Court's decision in AT&T v. Concepcion require courts to enforce arbitration clauses even when they would block consumers from pursuing their substantive statutory rights to a public injunction under California consumer-protection laws. The panel, consisting of Chief Judge Kozinski and Judges Pregerson, McKeown, Fletcher, Tallman, Callahan, Milan Smith, Murguia, Christen, Watford, Hurwitz, notably includes four new Obama appointees. Andy Pincus argued for the Chamber and Jim Sturdevant argued for the plaintiffs.
You can read detailed accounts of the arguments at the UCL Practitioner blog here and here, read the papers at Public Justice's website, and go here or click on the embedded video below to watch the arguments: