OMSTEAD v. DELL, INC.

No. 08-16479.

594 F.3d 1081 (2010)

Michael OMSTEAD; Melissa Malloy; Lisa Smith, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. DELL, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2010.


Attorney(s) appearing for the Case

Jonathan D. Selbin (argued) and Kristen E. Law, Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY; Cynthia B. Chapman and Cory S. Fein, Caddell & Chapman, Houston, TX; John L. Malesovas, Malesovas & Martin, LLP, Waco, TX; Anthony L. Vitullo, Fee, Smith, Sharp & Vitullo, LLP, Dallas, TX; and Paul R. Kiesel and Patrick DeBlase, Beverly Hills, CA, for the plaintiffs-appellants.

Paul Schlaud (argued), Kim E. Brightwell, and Matt Frederick, Reeves & Brightwell, LLP, Austin, TX; Douglas R. Young and C. Brandon Wisoff, San Francisco, CA, for the defendant-appellee.

Before: MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and LYLE E. STROM, District Judge.


STROM, District Judge:

Plaintiffs-appellants, Michael Omstead, Melissa Malloy, and Lisa Smith (collectively, "plaintiffs"), brought a proposed class action1 against Dell, Inc. ("Dell"), asserting various claims under California state law predicated on the allegation that Dell designed, manufactured, and sold defective notebook computers. The district court granted Dell's motion to stay proceedings and compel arbitration. Plaintiffs refused...

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