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BRICE v. HAYNES INVESTMENTS, LLC

No. 19-15707.

13 F.4th 823 (2021)

Kimetra BRICE; Earl Browne; Jill Novorot, Plaintiffs-Appellees, v. PLAIN GREEN, LLC, Defendant, and HAYNES INVESTMENTS, LLC; L. Stephen Haynes, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2021.

Attorney(s) appearing for the Case

Richard L. Scheff , (argued) and David F. Herman , Armstrong Teasdale LLP, Philadelphia, Pennsylvania; Anna S. McLean and Jacqueline Simonovich , Sheppard Mullin Richter & Hampton LLP, San Francisco, California; for Defedants-Appellants.

Matthew W.H. Wessler , (argued), Gupta Wessler PLLC, Washington, D.C.; Kristi C. Kelly and Andrew J. Guzzo , Kelly Guzzo PLC, Fairfax, Virginia; Leonard A. Bennett , Craig C. Marchiando and Elizabeth W. Hanes , Consumer Litigation Associates P.C., Newport News, Virginia; Anna C. Haac , Tycko & Zavareei LLP, Washington, D.C.; for Plaintiffs-Appellees.

Patrick O. Daughtery , Van Ness Feldman LLP, Washington, D.C., for Amicus Curiae Native American Financial Services Association.

Dissent by Judge W. Fletcher.

OPINION

We must decide whether a provision allowing an arbitrator, instead of a court, to decide whether an arbitration agreement that is governed by something other than federal law is unenforceable because it requires the parties to prospectively waive their federal rights. Already confused? You're not alone....

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