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