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Monday, December 3, 2012

Kilgore v. KeyBank: Ninth Circuit Schedules Oral Argument

An en banc panel of the Ninth Circuit Court of Appeals will hear Kilgore v. KeyBank, N.A. (Case No. 09-16703) on December 11, 2012, 10:00 a.m., in Pasadena.  

In Kilgore v. KeyBank, N.A., 673 F.3d 947 (3/7/12) (discussed here), a three-judge panel held that the Federal Arbitration Act ("FAA") preempts California's Broughton-Cruz rule, which prohibits the arbitration of claims for broad, public injunctive relief. See Broughton v. Cigna Healthplans of California (1999) 21 Cal.4th 1066 (prohibition on compelling arbitration in public injunctive relief cases under the Consumer Legal Remedies Act); Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (prohibition on compelling arbitration in public injunctive relief cases under the Unfair Competition Law). The plaintiffs in Kilgore are student loan borrowers who filed a putative class action against lenders seeking to enjoin them from collecting loans or reporting loan balances to credit reporting agencies. 

The docket is available through the PACER system here.  

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