United States Ninth Circuit

The district court's partial denial of defendants' motion to compel arbitration as to plaintiffs' claims for injunctive relief under California’s unfair competition law, false advertising law, and Consumer Legal Remedies Act, in a putative class action on behalf of current and former students alleging that defendants engaged in a deceptive scheme to entice the enrollment of prospective students in violation of California law, is reversed in part as to those claims and remanded, where: 1) the Broughton-Cruz rule, which exempts claims for "public injunctive relief" from arbitration, is preempted by the Federal Arbitration Act; and 2) plaintiffs' public injunction claims do fall within the scope of their arbitration agreements.

Appellate Information

• Decided 10/28/2013
• Published 10/28/2013

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel