Ninth Circuit Joins Sister Circuits in Answering Threshold Question Under the EFAA

In Combs v. Netflix, Inc., No. 25-3164, __ F.4th __, 2026 WL 1974172 (9th Cir. July 8, 2026), the Ninth Circuit resolved an issue of first impression in the circuit: how to interpret the timing provision of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), 9 U.S.C. § 402(a).

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