United States Ninth Circuit
Chalk v. T-Mobile USA, Inc., 06-35909
In an action based on a defective wireless PC card, the dismissal of a class action complaint pending arbitration is reversed, where the class action waiver in the agreement was unconscionable under Oregon law because it prevented potentially meritorious actions from being filed.
Appellate Information
- Argued 07/10/2008
- Decided 03/27/2009
- Published 03/27/2009
Judges
- REINHARDT, Circuit Judge:, Before: ALFRED T. GOODWIN, HARRY PREGERSON, and STEPHEN REINHARDT, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Karen E. Read, Lake Oswego, OR, for the plaintiffs-appellants.
- For Appellees:
- Scott Ferrell, John O'Malley, and Ward Lott, Call, Jensen & Ferrell, Newport Beach, CA, Nancy Erfle, Christopher Dorr, and Michael T. Garone, Schwabe, Williamson, & Wyatt, Portland, OR, for the defendants-appellees.