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Litigation & Arbitration,
9th U.S. Circuit Court of Appeals

Aug. 23, 2022

9th Circuit will reconsider ban on mandated arbitration

Legal observers said the decision, which comes as the U.S. Chamber of Commerce was seeking en banc review of a decision in favor of the state, is all the more mysterious because the three-judge panel took the case back.

In an unusual twist, a 9th U.S. Circuit Court of Appeals panel on Monday voted 2-1 to reconsider its September 2021 ruling that a California law banning mandatory arbitration clauses is not preempted by the Federal Arbitration Act.

Legal observers said the decision, which comes as the U.S. Chamber of Commerce was seeking en banc review of a decision in favor of the state, is all the more mysterious because the three-judge panel took the cas...

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