9th Circuit Denies Post-Appeal Arbitration Request Made in Light of Concepcion

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals refused to order arbitration of a class action that had already been decided at the district court level in light of the ruling in AT&T Mobility LLC v. Concepcion, finding it would undermine the parties’ arbitration agreement and severely prejudice the plaintiffs and class members.

The appellate court held that “sending this case to arbitration post-appeal would be wholly duplicative and lead to further delay and expense for both parties.”

Veronica Gutierrez and Erin Walker sued Wells Fargo under California state law, accusing the bank of engaging in unfair business …