Case Explained: MARINO V. AVEN FINANCIAL, INC.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-07 Docket: 3:25-cv-00503-BAS-DEB The Ninth Circuit reversed the district court’s denial of Aven Financial, Inc.’s motion to compel arbitration and remanded the case for the entry of an order granting that motion. The court held that the district court erred in concluding the parties had not delegated the issue of arbitrability to an arbitrator. Under the Federal Arbitration Act and controlling precedent, including *Rent-A-Center, W., Inc. v. Jackson*, the court applied a de novo standard of review to determine that the clear text of the arbitration agreement—specifically its delegation clause covering “any disputes . . . including any disputes about the arbitrability of any claim”—permissibly assigned threshold questions of arbitrability to the arbitrator. The court ruled that whether Marino’s claims fall within the agreement’s carve-out for home equity loans, or whether the Dodd-Frank Act invalidates the agreement, are themselves questions of arbitrability delegated to the arbitrator rather than the court. Because the delegation clause was valid and not specifically impugned by Marino’s arguments, the district court lacked authority to decide these issues. Consequently, the case will proceed with the arbitrator determining whether the claims are subject to arbitration under the agreement. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.