· 7/19/1999
KKW Enterprises, Inc. v. Gloria Jean's Gourmet Coffees Franchising Corp.
Citations
- 184 F.3d 42
- 1999 U.S. App. LEXIS 16671
- 1999 WL 497534
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing district court and finding Rhode Island’s franchise agreement statute’s home-court provision preempted by FAA
- Rhode Island statute was not a generally applicable contract defense because it applied to only one type of provision, venue clauses, in one type of agreement, franchise agreements
- Rhode Island statute was not a generally applicable contract defense because it applied to only one type of provision, venue clauses, in one type of agreement, franchise agreements
- “Courts may not rewrite the parties’ agreements and compel arbitration of their dispute in a forum which is not one of those enumerated in an arbitration agreement’s forum selection clause”
- “Courts may not rewrite the parties’ agreements and compel arbitration of their dispute in a forum which is not one of those enumerated in an arbitration agreement’s forum selection clause”
- Rhode Island statute that rendered unenforceable any provision in a franchise agreement that restricted jurisdiction or venue to a forum outside Rhode Island was not applicable to all contracts generally and therefore the statute was preempted by the FAA
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Campbell, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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