SAN FRANCISCO The U.S. Court of Appeals for the Ninth Circuit has taken a stand against compulsory arbitration. But it’s about the smallest stand a court could possibly take in the wake of recent U.S. Supreme Court decisions.
An en banc panel ruled Thursday that California’s Broughton/Cruz line of cases which reserves claims seeking injunctive relief to the courts instead of private arbitration remains good law. Maybe. And only if the injunction truly benefits the public not, as in the example posed by the case, if it’s brought by 120 students trying to protect their credit ratings.