Kilgore

These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller (“Plaintiffs”) brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, “KeyBank”), alleging violations of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, in connection with private student loans that KeyBank extended to Plaintiffs. Each of Plaintiffs’ loan contracts contained an arbitration clause, which the district court declined to enforce. In Interlocutory Appeal No. 09-17603, we consider whether, in light of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, — U.S. -, 131 S.Ct. 1740 , 179 L.Ed.2d 742 (2011), the Federal Arbitration Act (“FAA” or “Act”) preempts California’s state law rule prohibiting the arbitration of claims for broad, public injunctive relief — a rule established in Broughton v. Cigna Healthplans of California, 21 Cal.4th 1066 , 90 Cal.Rptr.2d 334 , 988 P.2d 67 (1999), and Cruz v. PacifiCare Health Systems, Inc., 30 Cal.4th 303 , 133 Cal.Rptr.2d 58 , 66…