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Perspective

Nov. 19, 2013

9th Circuit speaks (twice) on arbitration agreements

The same 9th Circuit panel recently issued a pair of decisions that reached very different results on whether to enforce arbitration agreements. By Andrew J. Pincus and Archis A. Parasharami


By Andrew J. Pincus and Archis A. Parasharami


Three weeks ago, the same 9th U.S. Circuit Court of Appeals panel issued a pair of unanimous decisions that reached very different results on whether to enforce arbitration agreements. The first decision, Ferguson v. Corinthian Colleges, 2013 DJDAR 14344 (Oct. 28, 2013), upheld the arbitration agreement, declaring that the Federal Arbitration Act preempted a California rule that purports to exempt certain claim...

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