Split 9th Circ. Axes Ruling, Forces Certified Class To Arbitrate

By Diamond Naga Siu (September 16, 2021, 9:35 PM EDT) -- The Ninth Circuit in a split published opinion on Thursday reversed a California federal judge's ruling that tribe-linked lenders were wrongly denied their request to arbitrate borrower claims and that an arbitrator should decide whether arbitration clauses are enforceable.

Kimetra Brice led a class of consumers suing the now-defunct online lender Think Finance and associated parties Plain Green and Great Plains Lending for issuing interest rates higher than California's legal limits and getting away with it by conducting business with tribal entities and declaring tribal sovereign immunity.

The three-judge panel's decision now creates a circuit split, since the Second, Third and...

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