Commercial Litigation and Arbitration

Primary Jurisdiction — Applicaion

From Chavez v. Nestle USA, Inc., 2011 U.S. Dist. LEXIS 9773 (C.D. Cal. Jan. 10, 2011):

[T]he doctrine of primary jurisdiction is to be invoked "only if a claim 'requires resolution of an issue of first impression, or of a particularly complicated issue that Congress has committed to a regulatory agency,' [citation], and if 'protection of the integrity of a regulatory scheme dictates preliminary resort to the agency which administers the scheme,' [citation]." Clark v. Time Warner Cable, 523 F.3d 1110, 1114-15 (9th Cir. 2008) (internal quotes omitted). It has been held to apply where there is "(1) a need to resolve an issue that has been placed by Congress within the jurisdiction of an administrative body having regulatory authority (3) pursuant to a statute that subjects an industry or activity to a comprehensive regulatory authority that (4) requires expertise or uniformity in administration." Id. at 1115 (citations, internal quotes, and brackets omitted).

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