United States Ninth Circuit

The district court's decision not to enforce an arbitration clause and a choice of law clause in defendant's broadband Internet service subscriber agreement is vacated and remanded, where: 1) the Federal Arbitration Act preempted Montana's public policy invalidating adhesive agreements running contrary to the reasonable expectations of a party; and 2) the district court erred in not applying New York law because a state's preempted public policy was an impermissible basis on which to reject the parties' choice-of-law selection.

Appellate Information

• Decided 07/15/2013
• Published 07/15/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel