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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

Counsel

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