The Recorder's blog, Legal Pad, had an interesting post last Saturday on the makeup of the en banc panel in Kilgore v. KeyBank National Assn., No. 09-16703 (9th Cir.).
We're about to find out more about the Obama judges, as four have been assigned to an en banc panel in a closely watched case on consumer arbitration contracts .... With the rest of each 11-member en banc panel more or less evenly divided among established conservatives, liberals and moderates, the Obama appointees as a group would appear to hold the balance of power in each case.
Judge Mary Murguia, appointed to the court in 2010, and Judges Morgan Christen, Paul Watford and Andrew Hurwitz, all of whom arrived this year, will join Chief Judge Alex Kozinski and Judges Harry Pregerson, M. Margaret McKeown, William Fletcher, Richard Tallman, Consuelo Callahan and Milan Smith for argument Dec. 11 in Kilgore v. KeyBank National Association. The case will determine whether the Federal Arbitration Act preempts a California rule that prohibits the arbitration of claims for broad, public injunctive relief.
The case is set for argument before the Ninth Circuit in Pasadena on December 11, 2012 at 10:00 a.m. Some of the briefs are available at this link.