United States Ninth Circuit

In an action against a bank and its loan servicer, alleging violations of California's Unfair Competition Law in connection with private student loans that the bank extended to the plaintiffs, the district court's denial of the defendants' motion to compel arbitration is reversed, where: 1) the Federal Arbitration Act preempts California's Broughton-Cruz rule that claims for public injunctive relief cannot be arbitrated; and 2) the arbitration agreement between the parties was not unconscionable and was enforceable.

Appellate Information

• Decided 03/07/2012
• Published 03/07/2012

Judges

• Trott

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrew A. August, W. Scott O’Connell