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United States Ninth Circuit


Kilgore v. Keybank, National Association, 09-16703

In putative class action by plaintiffs, former students of a failed flight-training school, who seek broad injunctive relief against defendant-bank that originated their student loans and defendant-loan servicer, the district court's dismissal of plaintiffs' claims is vacated and the denial of defendants' motion to compel arbitration is reversed, where: 1) the arbitration clause was neither substantively nor procedurally unconscionable under California law; and 2) this case does not fall under the narrow "public injunction" exception to the Federal Arbitration Act.

Appellate Information

  • Decided 04/11/2013
  • Published 04/11/2013

Judges

  • HURWITZ

Court

  • United States Ninth Circuit

Counsel

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