Brian Netzel v. American Express Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 22 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN NETZEL; TRAVIS SMITH; ERIC No. 23-16083

LANGKAMP; NANCY LARSON,

individually, and on behalf of others D.C. No. 2:22-cv-01423-SMB similarly situated,

Plaintiffs-Appellants, MEMORANDUM*

v.

AMERICAN EXPRESS COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Argued and Submitted June 12, 2024 San Francisco, California

Before: SCHROEDER, GOULD, and R. NELSON, Circuit Judges.

Brian Netzel, Travis Smith, Eric Langkamp, and Nancy Larson (collectively,

“Appellants”) appeal a grant of a motion filed by American Express Company

(AmEx) to compel arbitration and dismiss Appellants’ complaint. Appellants

contend the arbitration agreements are unenforceable. Although AmEx’s arbitration

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. policy includes a New York choice-of-law…