Legal Opinion · Dissent
Greenwood v. CompuCredit Corp.
Court of Appeals for the Ninth Circuit
Decided August 17, 2010No. 09-15906Published
1DissentTashima, Circuit Judge
Because I disagree with the majority’s conclusion that Congress intended to preclude a waiver of a judicial forum for claims under the Credit Repair Organizations Act (“CROA”), I respectfully dissent.
As the majority acknowledges, Congress has manifested “a liberal federal policy favoring arbitration agreements.” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). Under the Federal Arbitration Act, courts should enforce arbitration agreements involving statutory claims “ ‘unless Congress itself has evinced an intention to preclude a waiver…
2Cases cited9 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Scot L. Zimmerman v. State of Oregon Department of JusticeCourt of Appeals for the Ninth Circuit · 1999
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