United States Court of Appeals for the Ninth Circuit
469 F.3d 1257 (9th Cir. 2006)
In 1998, Connie Nagrampa (plaintiff) sought to operate a direct mail coupon advertising franchise in California for MailCoups, Inc. (MailCoups) (defendant). In order to become a franchisee, Nagrampa was required to enter a franchise agreement with MailCoups. The franchise agreement included an arbitration clause that required resolution of any dispute arising out of the agreement to be settled by arbitration in Boston, Massachusetts. The arbitration clause made an exception allowing MailCoups to seek provisional relief from judicial courts. In September 2000, Nagrampa terminated the franchise agreement. MailCoups filed a Demand for Arbitration on December 2001, claiming that Nagrampa owed MailCoups $80,000.00 in fees. Arbitration was scheduled to take place in Boston. Nagrampa refused to participate and brought this suit against MailCoups. MailCoups moved to compel arbitration and to dismiss or stay this suit.
Rule of Law
Holding and Reasoning (Wardlaw, J.)
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