Legal Opinion

Lowden v. T-MOBILE USA, INC.

Court of Appeals for the Ninth Circuit

Decided January 22, 2008No. 06-35395PublishedCited by 60 opinions

1Opinion of the Court

GOULD, Circuit Judge:

I

The issues on appeal are whether the arbitration provisions in Defendant T-Mobile’s service agreements with two of its customers are enforceable under Washington state law and, if not, whether the state law is preempted by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. After two consumers of T-Mobile’s cellular phone service brought a class action against T-Mobile in state court for breach of contract and violation of the Washington Consumer Protection Act (the “CPA”), Wash. Rev.Code § 19.86.010-19.86.920, T-Mobile removed the case to federal district court and…

2Cases cited17 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  5. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996

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3Cited by60 opinions

  1. Sanford v. MemberWorks, Inc.Court of Appeals for the Ninth Circuit · 2010
  2. McKee v. AT & T CORP.Washington Supreme Court · 2008
  3. Manuel Terenkian v. The Republic of IraqCourt of Appeals for the Ninth Circuit · 2012
  4. McKee v. AT&T Corp.Washington Supreme Court · 2008
  5. In Re Community Bank of Northern Virginia Mortgage Lending Practices LitigationCourt of Appeals for the Third Circuit · 2015

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