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MORTENSEN v. BRESNAN COMMUNICATIONS, LLC

No. 11-35823.

722 F.3d 1151 (2013)

Dale MORTENSEN; Melissa Becker, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. BRESNAN COMMUNICATIONS, LLC, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 9, 2012.

Filed July 15, 2013.

Resubmitted April 19, 2013.

Attorney(s) appearing for the Case

John D. Seiver (argued), Adam S. Caldwell , and Ronald G. London , Davis Wright Tremaine LLP, Washington, D.C.; William Scott Mitchell and Michael P. Manning , Holland & Hart, LLP, Billings, MT, for Defendant-Appellant.

Scott A. Kamber (argued) and David A. Stampley , KamberLaw, LLC, New York, NY; Deborah Kravitz , KamberLaw, LLC, Healdsburg, CA; Gregory P. Johnson , Johnson Law Office, Billings, MT, for Plaintiffs-Appellees.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and JED S. RAKOFF, Senior District Judge.

OPINION

GOULD, Circuit Judge:

This case involves a binding arbitration clause in a contract of adhesion between a commercial provider of highspeed, broadband Internet services and its customers. We consider the relationship of state and federal law and the concept of preemption in this context.1 Dale Mortensen and Melissa Becker ("Plaintiffs") brought this putative class action against Bresnan Communications alleging violations...

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