LASTER v. AT & T MOBILITY LLC

No. 08-56394.

584 F.3d 849 (2009)

Jennifer L. LASTER; Andrew Thompson; Elizabeth Voorhies, on behalf of themselves and all others similarly situated and on behalf of the general public, Plaintiffs, and Vincent Concepcion; Liza Concepcion, Plaintiffs-Appellees, v. AT & T MOBILITY LLC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2009.


Attorney(s) appearing for the Case

Donald M. Falk, Mayer Brown LLP, Palo Alto, CA, for the defendant-appellant.

Kirk B. Hulett, Dennis Stewart, and Sarah Pickeral Weber, Hullet Harper Stewart, LLP, San Diego, CA; Craig M. Nicholas, Matthew B. Butler, and Alex M. Tomasevic, Nicholas & Butler, LLP, San Diego, for the plaintiffs-appellees.

Before: MARY M. SCHROEDER, STEPHEN REINHARDT and CARLOS T. BEA, Circuit Judges.


BEA, Circuit Judge:

This case involves a class action claim that a telephone company's offer of a "free" phone to anyone who signs up for its service is fraudulent to the extent the phone company charges the new subscriber sales tax on the retail value of each "free" phone.

The phone company demanded the plaintiffs' claims be submitted to individual arbitration, pointing to the arbitration clause of the written agreement, which arbitration clause requires...

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