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HOLLEY-GALLEGLY v. TA OPERATING, LLC

No. 22-55950.

74 F.4th 997 (2023)

Kenneth HOLLEY-GALLEGLY, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. TA OPERATING, LLC, dba Petro Shopping Center, dba Travel Centers of America, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2023.

Attorney(s) appearing for the Case

Robert M. Loeb (argued) and Sarah H. Sloan , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; Max Carter-Oberstone , Orrick Herrington & Sutcliffe LLP, San Francisco, California; E. Joshua Rosenkranz , Orrick Herrington & Sutcliffe LLP, New York, New York; Mia Farber , Eric Gitig , and Semarnpreet Kaur , Jackson Lewis PC, Los Angeles, California; for Defendant-Appellant.

Kevin T. Barnes (argued) and Gregg Lander , Law Offices of Kevin T. Barnes, Greensboro, Georgia; Raphael A. Katri , Law Offices of Raphael A. Katri, Beverly Hills, California; for Plaintiff-Appellee.

Before: MILAN D. SMITH, JR., DAVID F. HAMILTON, and DANIEL P. COLLINS, Circuit Judges.

OPINION

Defendant-Appellant TA Operating LLC (TA) appeals the district court's denial of its motion to compel arbitration of employment-related claims brought by Plaintiff-Appellee Kenneth Holley-Gallegly. Because the district court erred in finding that the arbitration agreement's delegation clause was unenforceable...

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