David Tompkins v. 23andme, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID TOMPKINS, an No. 14-16405 individual, on behalf of himself and others similarly situated, D.C. No. Plaintiff-Appellant, 5:13-cv-05682-LHK

v.

ORDER AND

23ANDME, INC., AMENDED Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding

Argued and Submitted May 12, 2016 San Francisco, California

Filed August 23, 2016 Amended October 13, 2016

Before: Stephen S. Trott, Sandra S. Ikuta, and Paul J. Watford, Circuit Judges.

Order; Opinion by Judge Ikuta; Concurrence by Judge Watford TOMPKINS V. 23ANDME, INC.

SUMMARY*

Arbitration / California Law

The panel affirmed the district court’s order enforcing the terms of a Terms of Service agreement, and granting 23andMe, Inc.’s motion to compel arbitration.

Plaintiffs are a class of 23andMe customers who purchased a DNA test kit and assented to an online Terms of Service, and they challenged the 23andMe arbitration provision under the California doctrine of…