Legal Opinion
Kaltwasser v. Cingular Wireless, LLC
Court of Appeals for the Ninth Circuit
Decided October 1, 2009No. 08-15962PublishedCited by 1 opinion
1Opinion of the Court
*109AMENDED MEMORANDUM *
AT & T Mobile LLC (formerly Cingular Wireless, LLC, herein “Cingular”) appeals the district court’s order denying Cingular’s motion to compel arbitration on the ground that the provision in Cingular’s consumer cell phone contract requiring consumers to waive the right to bring a class action and to consent to arbitration is unconscionable under California law. The plaintiff, Jonathan C. Kaltwasser, brought a putative class action in federal district court in California against Cingular for alleged violations of the California Business and Professions Code and the Consumer…
2Cases cited6 opinions
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Discover Bank v. Superior CourtCalifornia Supreme Court · 2005
- Nedlloyd Lines B v. v. Superior CourtCalifornia Supreme Court · 1992
- Shroyer v. New Cingular Wireless Services, Inc.Court of Appeals for the Ninth Circuit · 2007
- Forrest v. Verizon Communications, Inc.District of Columbia Court of Appeals · 2002
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3Cited by1 opinion
- Kaltwasser v. AT & T MOBILITY LLCDistrict Court, N.D. California · 2011