United States First Circuit

In a putative class action seeking to recover fees charged by a cable company for unnecessary equipment rentals, grant of defendant's motion to compel arbitration is affirmed where a limitations period contained in the contract between the parties violated plaintiff's statutory rights, but was severable from the agreement, thus arbitration was still appropriate. The portions of the district court's order severing the agreement's class action provision and its bar on multiple damages awards are reversed where those provisions did not pose questions of arbitrability.

Appellate Information

• Decided 08/23/2007
• Published 08/23/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, TASHIMA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Timothy C. Blank, with whom Joseph L. Sulman, Robert C. Heim, Nory Miller, and Dechert LLP were on brief, for Appellants/Cross-Appellees., Michael J. Quirk, with whom Frank R. Saia and Stephen V. Saia were on brief, for Appellee/Cross-Appellant.