United States Ninth Circuit

In an antitrust action brought by a group of West Coast fishermen against seafood processors, the district court's orders granting a preliminary injunction and denying a motion to compel arbitration are affirmed where: 1) the fishermen's claims did not fall within the scope of the purported arbitration provision in the settlement agreement; and 2) the fishermen showed a sufficient likelihood of success on the merits because they did not release their claims in the previous settlement agreement, and they adequately demonstrated that the proposed transaction could substantially lessen competition, and they also demonstrated a likelihood of irreparable harm.

Appellate Information

• Published 2016/05/03

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel