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PARNELL v. CASHCALL, INC.

No. 14-12082.

804 F.3d 1142 (2015)

Joshua PARNELL, Plaintiff-Appellee, v. CASHCALL, INC., Defendant-Appellant, Western Sky Financial, LLC, Martin A. ("Butch") Webb, Defendants.

United States Court of Appeals, Eleventh Circuit.

October 28, 2015.

Attorney(s) appearing for the Case

James Warren Hurt, Jr. , Hurt Stolz & Cromwell, LLC, Athens, GA, Christopher Neil Armor , Armor Law, LLC, Atlanta, GA, for Plaintiff-Appellee.

Barry Levenstam , Daniel T. Fenske , Jenner & Block, LLP, Chicago, IL, Neil M. Barofsky , Brian J. Fischer , Katya Jestin , Jenner & Block, LLP, New York, N.Y., Nancy H. Baughan , William James Holley, II , Erin McGarry Moore , Parker Hudson Rainer & Dobbs, LLP, Atlanta, GA, for Defendant-Appellant.

Before WILSON and MARTIN, Circuit Judges, and HODGES, District Judge.

This case requires us to determine whether a plaintiff properly challenges an arbitration agreement's validity when he does not specifically challenge the delegation provision contained therein. The Supreme Court has explained that where an arbitration agreement contains a delegation provision—committing to the arbitrator...

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