United States Ninth Circuit

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Mohamed v. Uber Technologies, Inc., 15-16178

In actions brought by two former Uber drivers on behalf of themselves and a proposed class of drivers, alleging defendant's violation of the Fair Credit Reporting Act (FCRA) and other state laws, the District Court's denial of defendant's motion to compel arbitration is: 1) affirmed in part as to the denial of a motion to compel arbitration filed by an independent background check company also named in the complaint; and 2) reversed in part where a) the district court erred in assuming the authority to decide whether the parties' arbitration agreements were enforceable, b) the question of arbitrability as to all but plainitiff Gillette's California Private Attorney General Act (PAGA) claim was delegated to the arbitrator, c) under the terms of the agreement plaintiff Gillette signed, the PAGA waiver should be severed from the arbitration agreement and Gilette's PAGA claim may proceed in court on a representative basis, and d) all of plaintiff Mohamed's remaining arguments, including both plaintiff's challenge to the PAGA waiver in the agreement he signed and the challenge by both plaintiffs to the validity of the arbitration agreement itself, were subject to resolution via arbitration.

Appellate Information

  • Decided
  • Published 2016/09/07

Judges

  • CLIFTON

Court

  • United States Ninth Circuit

Counsel

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