Litigation & Arbitration
Sep. 13, 2021
Injunctive relief is to stop future misdeeds to benefit public, not a class, split 9th Circuit panel says
“Administering an injunction of this sort, on this scale, is patently incompatible with the procedural simplicity envisioned by bilateral arbitration,” wrote 9th U.S. Circuit Court of Appeals Justice Daniel Collins.
An arbitration agreement between a cable company and a subscriber can be enforced as the plaintiff failed to seek public injunctive relief which would have waived the agreement, a 9th U.S. Circuit Court of Appeals panel held on Friday.
Comcast Cable Communications LLC will get a chance to arbitrate a putative class action alleging that it violated privacy laws by collecting data from subscribers without consent.
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Arbitration
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief.
