9th Circuit Out of Whack on Arbitration Pre-emption, Comcast Says
The 9th U.S. Circuit Court of Appeals has shown "hostility" to arbitration and repeatedly applies an approach to Federal Arbitration Act pre-emption that the Supreme Court repeatedly rejected, defendant appellant Comcast said in a docket 18-15288 petition for rehearing and…
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rehearing en banc posted Friday. The court in June rejected Comcast's appeal of a U.S. district court denying Comcast's motion to compel arbitration in a complaint (in Pacer) alleging false advertising of cable TV pricing. Comcast said the lower court and 9th Circuit wrongly agreed the arbitration act doesn't pre-empt California's McGill rule regarding arbitration enforcement and that McGill isn't grounds for revocation of any contract. Outside counsel for the plaintiff-appellee didn't comment Monday.