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SMITH v. JEM GROUP, INC.

No. 11-35964.

737 F.3d 636 (2013)

Rosita H. SMITH, individually and on behalf of all similarly situated Washington State Residents, Plaintiff-Appellee, v. JEM GROUP, INC., a Nevada corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2013.

Attorney(s) appearing for the Case

Christopher Glenn Emch (argued), Foster Pepper PLLC, Seattle, WA, for Defendant-Appellant.

Toby J. Marshall , Jennifer Rust Murray , Erika L. Nusser (argued), Beth Ellen Terrell , Terrell Marshall Daudt & Willie PLLC, Seattle, WA; Darrell William Scott , The Scott Law Group, P.S., Spokane, WA, for Plaintiff-Appellee.

Before: DAVID M. EBEL, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

JEM Group, Inc. ("JEM") appeals from the district court's denial of its motion to compel arbitration. The district court held that it had authority to decide whether an arbitration clause contained in an attorney retainer agreement is unconscionable. On the merits, the court held that the clause is unconscionable under Washington law.

We affirm.

I. Background

Rosita Smith is the lead plaintiff...

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