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. Plaintiffs-Appellees, 3:20-cv-03019-

JCS

v.

CATHAY PACIFIC AIRWAYS ORDER AND

LIMITED, AMENDED

OPINION

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 Amended June 14, 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. Order; Opinion by Judge Wallace; Dissent by Judge Forrest

SUMMARY**

Arbitration

The panel filed (1) an order amending the majority opinion, filed March 11, 2024; and (2) an amended opinion reflecting the Supreme Court’s recent holding that section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, does not “permit[] a court…