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HILL v. XEROX BUSINESS SERVICES, LLC

No. 20-35838.

59 F.4th 457 (2023)

Tiffany HILL, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. XEROX BUSINESS SERVICES, LLC; LiveBridge Inc, an Oregon Corporation; Affiliated Computer Services Inc, a Delaware Corporation; Affiliated Computer Services LLC, a Delaware Limited Liability Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2023.

Attorney(s) appearing for the Case

Todd L. Nunn (argued), Daniel P. Hurley , Ryan D. Redekopp , and Patrick M. Madden , K&L Gates LLP, Seattle, Washington, for Defendants-Appellants.

Daniel F. Johnson (argued), Breskin Johnson & Townsend PLLC, Seattle, Washington; Toby J. Marshall , Terrell Marshall Law Group PLLC, Seattle, Washington; for Plaintiff-Appellee.

Dissent by Judge VanDyke

OPINION

We are called on to decide whether the district court correctly determined that the actions of Appellant Xerox Business Services, LLC constituted a waiver of its right to compel arbitration as against unnamed parties to the class action below. The Supreme Court's recent decision in Morgan v. Sundance,

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