"En Banc Ninth Circuit Declines to Decide Arbitrability of Claims for Public Injunctive Relief, but Broadly Approves Use of an Opt-Out Mechanism to Defend Against an Unconscionability Claim"

This Stroock Special Bulletin discusses the Ninth Circuit's en banc opinion in Kilgore v. KeyBank, Nat'l Ass'n, Nos. 09-16703, 10-15934, 2013 WL 1458876 (9th Cir. April 11, 2013), a long-awaited decision on issues relating to the enforceability of arbitration agreements and class action waivers.