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SHROYER v. NEW CINGULAR WIRELESS SERVICES, INC.

No. 06-55964.

498 F.3d 976 (2007)

Kennith SHROYER, individually and as Representative for all others similarly situated and the General Public, Plaintiff-Appellant, v. NEW CINGULAR WIRELESS SERVICES, INC., a Delaware corporation; AT & T Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2007.

Attorney(s) appearing for the Case

William Weinstein, Wechsler Harwood LLP, New York, NY, for plaintiff-appellant.

Robert K. Friedl, Kirtland & Packard LLP, El Segundo, CA, for plaintiff-appellant.

Donald M. Falk, Mayer, Brown, Rowe & Maw LLP, Palo Alto, CA, for defendants-appellees.

Evan Tager and Timothy C. Lambert, Mayer, Brown, Rowe & Maw LLP, Washington, DC, for defendants-appellees.

Michael J. Stortz, Drinker Biddle & Reath LLP, San Francisco, CA, for defendants-appellees.

Before: D.W. NELSON, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

REINHARDT, Circuit Judge:

In this case, we consider whether a class arbitration waiver in New Cingular Wireless Service Inc.'s standard contract for cellular phone services is unconscionable under California law, and whether the Federal Arbitration Act preempts a holding that the waiver is unenforceable. We hold that the waiver is unconscionable, and, thus, unenforceable, and that the invalidation of the contract provision is not preempted by the Federal Arbitration...

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