Winifredo Herrera v. Cathay Pacific Airways Limited

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WINIFREDO HERRERA; No. 21-16083

MACARIA HERRERA,

D.C. No. 3:20-cv- Plaintiffs-Appellees, 03019-JCS

v.

OPINION

CATHAY PACIFIC AIRWAYS

LIMITED,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted September 13, 2023 San Francisco, California

Filed March 11, 2024

Before: J. Clifford Wallace, Danny J. Boggs, * and Danielle J. Forrest, Circuit Judges.

* The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. Opinion by Judge Wallace; Dissent by Judge Forrest

SUMMARY **

Arbitration

The panel reversed the district court’s denial of Cathay Pacific Airways Limited’s motion to compel arbitration in plaintiffs’ putative class action alleging that Cathay Pacific breached their contract by not issuing a refund following flight cancellations for tickets that they purchased through a third-party vendor. Plaintiffs purchased international flights on…