United States Ninth Circuit
Smith v. Jem Group, Inc., 11-35964
The district court's denial of a motion to compel arbitration arising from an arbitration clause in an attorney retainer agreement is affirmed, where: 1) the district court correctly decided that it, rather than an arbitrator, should decide whether the arbitration clause in the attorney retainer agreement was unconscionable; and 2) the district court properly concluded, using non-preempted Washington law, that the arbitration clause was unenforceable.
Appellate Information
- Decided 12/12/2013
- Published 12/12/2013
Judges
- FLETCHER
Court
- United States Ninth Circuit