The U.S. Court of Appeals for the Ninth Circuit on Wednesday declined to revisit a September ruling that steered class action claims on behalf of thousands of Uber drivers into arbitration.
The decision is a blow to the class action plaintiffs bar, which has lamented the Ninth Circuit’s opinion that Uber’s 2013 and 2014 arbitration agreements were enforceable because they contained opt-out provisions. The lawyers who petitioned for en banc review had warned the holding “creates a new level of insulation” for arbitration agreements.
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