In This Issue:
Arbitration Report; Bureau Report; Privacy Report; Mortgage Report; Operations Report; Preemption Report; and Beltway Report.
Excerpt from Arbitration Report:
Ninth Circuit Punts -
In Kilgore v. Keybank, N.A., the Ninth Circuit was poised to decide whether the Supreme Court’s Concepcion decision vitiates California’s “public” injunction exemption from arbitration. Under that exemption, California courts have held that the federal policy in favor of arbitration under the FAA inherently conflicts with statutes, such as California’s unfair competition law, that authorize “public” injunctive relief. The en banc court did not reach the issue, ruling instead that plaintiffs sought relief solely for their own benefit so the exemption did not apply. Kilgore v. Keybank, N.A., Nos. 09-16703, 10-15934, 2013 U.S. App. LEXIS 7312 (9th Cir. Apr. 11, 2013). The court held plaintiffs were required to arbitrate their claims against the originating bank and loan servicer of the student loans they challenged.
Please see full issue below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Topics: Arbitration, CFPB, CFTC, Cybersecurity, Dodd-Frank, Federal Arbitration Act, Foreclosure, FTC, Money Services Business, Mortgages, NLRB, Obama Administration, Regulation Z, Student Loans, TCPA, Telecommunications, Unconscionable Contracts
Published In: Alternative Dispute Resolution (ADR) Updates, Conflict of Laws Updates, Finance & Banking Updates, Privacy Updates, Residential Real Estate Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP | Attorney Advertising