Split 9th Circ. Axes Ruling, forces the certified class to arbitrate

By Diamond Naga Siu (September 16, 2021, 9:35 p.m. EDT) – The Ninth Circuit, in a split opinion released Thursday, overturned a California federal judge’s ruling that tribal-linked lenders were wrongly denied their request for arbitration of borrowers’ claims and that an arbitrator should decide whether arbitration clauses are enforceable.

Kimetra Brice led a consumer class suing now-defunct online lender Think Finance and associated parties Plain Green and Great Plains Lending for issuing interest rates above California’s legal limits and getting away with it. doing business with tribal entities and declaring tribal sovereign immunity.

The decision of the three-judge panel now creates a division of the circuit, as the second, third and …

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