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OLIVEIRA v. NEW PRIME, INC.

No. 15-2364.

857 F.3d 7 (2017)

Dominic OLIVEIRA, on his behalf and on behalf of all others similarly situated, Plaintiff, Appellee, v. NEW PRIME, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 12, 2017.

Attorney(s) appearing for the Case

Theodore J. Boutrous, Jr. , Los Angeles, CA, with whom Joshua S. Lipshutz , Jason C. Schwartz , San Francisco, CA, Thomas M. Johnson, Jr. , Lindsay S. See , Gibson, Dunn & Crutcher LLP, Washington, DC, William E. Quirk , James C. Sullivan , Robert J. Hingula , Polsinelli PC, Kansas City, MO, Judith A. Leggett , Avon, MA, and Leggett Law Firm, P.C. were on brief, for appellant.

Jennifer D. Bennett , with whom Public Justice, P.C., Oakland, CA, Hillary Schwab , Fair Work, P.C., Boston, MA, Andrew Schmidt , Portland, ME, and Andrew Schmidt Law, PLLC were on brief, for appellee.

Richard Frankel , Philadelphia, PA, on brief for amicus curiae in support of appellee.

Before Thompson and Kayatta, Circuit Judges, and Barbadoro, District Judge.

This case raises two questions of first impression in this circuit. First, when a federal district court is confronted with a motion to compel arbitration under the Federal Arbitration Act (FAA or Act), 9 U.S.C. §§ 1-16, in a case where the parties have delegated questions of arbitrability to the arbitrator, must...

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