Arbitration For One Part Of An Action, But Not The Other.

In a class action against both DirecTV and Best Buy, plaintiffs allege a scheme to deceive, involving the apparent sale of equipment that was actually only leased to customers. The district court ordered the matter into arbitration. The Ninth Circuit found that DirecTV’s arbitration agreement is enforceable under the holding in AT&T Mobility v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], (we reported to you on previously), but declined to hold that either equitable estoppel or a third party beneficiary doctrine permit Best Buy to enforce DirecTV’s arbitration agreement. Murphy v. DirecTV  (Ninth Cir.;  July 30, 2013) (Case No. 11-57163).