United States Second Circuit

In an action claiming defendants engaged in fraudulent and deceptive practices in connection with the solicitation, consolidation, and servicing of student loans, a district court's denial of defendant's motion to compel arbitration is affirmed where the arbitration clause of the promissory note at issue was unconscionable under California law because of its class action waiver provision.

Appellate Information

• Argued 11/18/2009
• Decided 07/12/2010
• Published 07/12/2010

Judges

• Amalya J. Kearse

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Orin Kurtz, Edward K. Lenci