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JOHNSON v. WALMART INC.

No. 21-16423.

57 F.4th 677 (2023)

Kevin JOHNSON, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. WALMART INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2023.

Attorney(s) appearing for the Case

Aileen M. McGrath (argued), Michael J. Stortz , and Michael J. Weisbuch , Akin Gump Strauss Hauer & Feld LLP, San Francisco, California; Pratik A. Shah , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.; for Defendant-Appellant.

Kenneth H. Yoon (argued) and Stephanie E. Yasuda , Yoon Law APC, Los Angeles, California, for Plaintiff-Appellee.

Brian J. Malloy , The Brandi Law Firm, San Francisco, California, for Amicus Curiae Consumer Attorneys of California.

Before: A. Wallace Tashima and Richard A. Paez, Circuit Judges, and William K. Sessions III, District Judge.

OPINION

Walmart, Inc. ("Walmart") appeals the district court's denial of its motion to compel arbitration of the claims asserted against it by Kevin Johnson ("Johnson"). Johnson brought this putative class action for breach of contract and breach of the duty of good faith and fair dealing arising out of a lifetime...

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