Matthew C. KILGORE, individually and on behalf of all others similarly situated; William Bruce Fuller, individually and on behalf of all others similarly situated; Plaintiffs-Appellees,
v.
KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; Key Education Resources, a division of KeyBank National Association; Great Lakes Education Loan Services, Inc., a Wisconsin corporation, Defendants-Appellants,
Matthew C. Kilgore, individually and on behalf of all others similarly situated; William Bruce Fuller, individually and on behalf of all others similarly situated, Plaintiffs-Appellants,
v.
KeyBank, National Association, successor in interest to KeyBank USA, N.A.; Key Education Resources, a division of KeyBank National Association; Great Lakes Education Loan Services, Inc., a Wisconsin corporation, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc December 11, 2012.
Filed April 11, 2013.
Attorney(s) appearing for the Case
Andrew A. August and Kevin F. Rooney, Pinnacle Law Group, LLP; James C. Sturdevant (argued) and Whitney Huston, The Sturdevant Law Firm, San Francisco, CA, for Plaintiffs-Appellees/Appellants.
W. Scott O'Connell (argued) and W. Daniel Deane, Nixon Peabody LLP, Manchester, NH; and Sarah Andre and Matthew A. Richards, Nixon Peabody LLP, San Francisco, CA, for Defendants-Appellants/Appellees.
David Horton, Davis, CA; Hiro N. Aragaki, Los Angeles, CA, for Amici Curiae Law Professors.
Hiro N. Aragaki and David Doeling, Los Angeles, CA, for Amici Curiae Arbitration Professors.
Donald M. Falk, Mayer Brown LLP, Palo Alto, CA; Andrew J. Pincus (argued), Evan M. Tager, Archis A. Parasharami, and Scott M. Noveck, Mayer Brown LLP; Robin S. Conrad and Kate Comerford Todd, National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Curiae The Chamber of Commerce of the United States of America.
Steve Bullock and Kelley L. Hubbard, Office of the Montana Attorney General, Helena, MT, for Amicus Curiae State of Montana.
Arthur D. Levy; Nancy Barron, Kemnitzer, Barron & Krieg LLP, San Francisco, CA, for Amicus Curiae The National Association of Consumer Advocates and The National Consumer Law Center.
Ellen Lake, Oakland, CA; Terisa E. Chaw, The Employee Rights Advocacy Institute for Law & Policy; Rebecca M. Hamburg, National Employment Lawyers Association; Cliff Palefsky, McGuinn, Hillsman & Palefsky, San Francisco, CA, for Amici Curiae National Employment Lawyers Association, The Employee Rights Advocacy Institute for Law & Policy, and California Employment Lawyers Association.
Mark A. Chavez, Chavez & Gertler LLP, Mill Valley, CA, for Amicus Curiae The National Consumer Law Center, National Association of Consumer Advocates, Public Citizen and National Consumers League.
C. Dawn Causey and Gregory F. Taylor, American Bankers Association, Washington, D.C., for Amici Curiae American Bankers Association, Consumer Bankers Association, and the Clearing House Association, L.L.C.
Opinion by Judge HURWITZ; Dissent by Judge PREGERSON.
United States Court of Appeals, Ninth Circuit.
OPINION
HURWITZ, Circuit Judge:
This appeal involves a putative class action by former students of a failed flight-training school who seek broad injunctive relief against the bank that originated their student loans and the loan servicer. The central issue is whether the district court should have compelled arbitration. We hold that this case does not fall under the narrow "public injunction" exception to the Federal Arbitration Act we recognized in
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