Ninth Circuit· 12/28/2001
Bradley v. Harris Research, Inc.
Citations
- 275 F.3d 884
- 2001 WL 1658728
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that special arbitration conditions imposed by state law, such as bold notice provisions, are preempted by federal law
- holding that special arbitration conditions imposed by state law, such as bold notice provisions, are preempted by federal law
- holding that California Business & Professions Code § 20040.05 does not apply to “any contract” because it “applies only to forum selection SAKKAB V. LUXOTTICA RETAIL N. AM. 15 clauses and only to franchise agreements”
- emphasizing that in Laxmi, “the forum selection clause in that franchise agreement was unenforceable because the parties never clearly agreed on the venue in which arbitration was to take place”
- insulating from preemption only state law rules that are “generally applicable” or apply to “any contract”
- California statute preempted because it applies only to forum-selection clauses and only to franchise agreements, and therefore it does not apply to “any contract”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hawkins, Noonan, Tashima
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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