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HODGES v. COMCAST CABLE COMMUNICATIONS, LLC

No. 19-16483.

21 F.4th 535 (2021)

Brandon HODGES, Plaintiff-Appellee, v. COMCAST CABLE COMMUNICATIONS, LLC, a Delaware limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2021.

Amended December 23, 2021.

Attorney(s) appearing for the Case

Mark A. Perry (argued) and Joshua M. Wesneski , Gibson Dunn & Crutcher LLP, Washington, D.C.; Michael W. McTigue Jr. , Meredith C. Slawe , and Seamus C. Duffy , Akin Gump Strauss Hauer & Feld LLP, Philadelphia, Pennsylvania; Michael J. Stortz , Akin Gump Strauss Hauer & Feld LLP, San Francisco, California; for Defendant-Appellant.

Karla Gilbride (argued), Public Justice P.C., Washington, D.C.; Ray Gallo , Gallo LLP, San Francisco, California; Hank Bates and David Slade , Carney, Bates & Pulliam PLLC, Little Rock, Arkansas; for Plaintiff-Appellee.

Gary B. Friedman , Los Angeles, California; Professor Myriam E. Gilles , Benjamin N. Cardozo School of Law, New York, New York; for Amici Curiae Civil Procedure and Arbitration Law Professors.

Roger N. Heller and Ian R. Bensberg , Lieff Cabraser Heimann & Bernstein LLP, San Francisco, California, for Amici Curiae Consumer Organizations.

Dissent by Judge BERZON

ORDER

The dissenting opinion of Judge Berzon, previously published at 12 F.4th 1108, 1122-26, is replaced by the accompanying amended dissent. The majority opinion previously published at 12 F.4th 1108 remains unchanged.

Judges Collins and VanDyke have voted to deny the petition for panel rehearing and the petition for rehearing en banc (Dkt. No. 58). Judge Berzon has voted to grant the petition for panel rehearing and the petition for rehearing en banc...

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