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TOMPKINS v. 23ANDME, INC.

No. 14-16405.

834 F.3d 1019 (2016)

David TOMPKINS, an individual, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. 23ANDME, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2016.

Attorney(s) appearing for the Case

Jeremy Robinson (argued), Jason C. Evans , and Gayle M. Blatt ; Casey, Gerry, Schenk, Francavilla, Blatt & Penfield, LLP, San Diego, California; Mark Ankcorn , Ankcorn Law Firm, PC, San Diego, California; for Plaintiff-Appellant.

Robert P. Varian (argued), James N. Kramer , M. Todd Scott , and Alexander K. Talarides ; Orrick Herrington & Sutcliffe, LLP, San Francisco, California, for Defendant-Appellee.

Concurrence by Judge Watford.

OPINION

Under the terms of the agreement at issue here, the customers of 23andMe, Inc., were required to arbitrate the present action. The district court enforced the terms of that agreement and granted 23andMe's motion to compel arbitration. We hold that none of the challenged portions of the arbitration provision...

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