En Banc 9th Circ. Hints at Narrow Ruling On Loan Arbitration

Law360, Los Angeles (December 11, 2012, 10:34 PM EST) -- An en banc Ninth Circuit panel considering whether students must arbitrate claims against KeyBank NA over education loans expressed doubts Tuesday about issuing a broad ruling that could chill consumer protection class actions, suggesting the case could be decided on narrow grounds.

Several members of the 11-judge panel returned repeatedly to the idea that they did not have to decide whether a California precedent barring arbitration of claims for broad, public injunctive relief — the so-called Broughton/Cruz rule — was preempted by the Federal Arbitration Act...
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