LIFESCAN, INC. v. PREMIER DIABETIC SERVS.

No. 01-16124.

363 F.3d 1010 (2004)

LIFESCAN, INC., Plaintiff-Appellee, v. PREMIER DIABETIC SERVICES, INC., a Florida Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted November 4, 2003.

Filed April 13, 2004.


Attorney(s) appearing for the Case

Leon M. Bloomfield, Oakland, CA, argued for the defendant-appellant; Richard S. Rachlin, North Palm Beach, FL, joined him on the brief.

Gary T. Lafayette, San Francisco, CA, argued for the plaintiff-appellee; Susan T. Kumagai, San Francisco, CA, joined him on the brief.

Before: KOZINSKI, GRABER and BERZON, Circuit Judges.


KOZINSKI, Circuit Judge:

What happens when a party to an arbitration is unable to pay its pro-rata share of the arbitration fees?

Background

Premier Diabetic Services, Inc., is a Florida-based company that purchases diabetic products from manufacturers and resells them across the country to customers. In 1997, Premier contracted with Lifescan, Inc., a Johnson & Johnson subsidiary, to buy glucose monitoring strips and meters at a discount, on...

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