9th Circ. Leaves Broughton-Cruz Hanging

Law360, New York (April 24, 2013, 10:44 AM EDT) -- In Kilgore v. KeyBank NA, No. 09-16703 (Apr. 11, 2013), the Ninth Circuit, sitting en banc, upheld an arbitration clause in an injunctive relief case brought under California's Unfair Competition Law (UCL).

The Ninth Circuit held that the complaint sought only private, as opposed to public, injunctive relief. The court did not reach the broader issue of whether Federal Arbitration Act (FAA) preempts California’s “Broughton-Cruz rule” — named after the decisions in Broughton v. Cigna Healthplans, 21 Cal. 4th 1066 (1999) and Cruz v. Pacificare Health...
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