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NAGRAMPA v. MAILCOUPS, INC.

No. 03-15955.

469 F.3d 1257 (2006)

Connie A. NAGRAMPA, Plaintiff-Appellant, v. MAILCOUPS, INC.; The American Arbitration Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2006.

Attorney(s) appearing for the Case

Kate Gordon & Leslie A. Bailey, Trial Lawyers for Public Justice, Oakland, CA; F. Paul Bland, Trial Lawyers for Public Justice, Washington, D.C.; Sanford M. Cipinko, Law Offices of Sanford M. Cipinko, San Francisco, CA, for the plaintiff-appellant.

Glenn J. Plattner and Christine S. Oh, Jenkens & Gilchrist, LLP, Los Angeles, CA, for the defendant-appellee MailCoups, Inc.

John S. Warnlof, Warnlof & Sumnick, Walnut Creek, CA; Shirley M. Hufstedler, Morrison & Foerster, LLP, Los Angeles, CA, for the defendant-appellee, American Arbitration Association.

Before SCHROEDER, Chief Judge, REINHARDT, KOZINSKI, O'SCANNLAIN, THOMAS, GRABER, WARDLAW, FISHER, GOULD, TALLMAN, and CLIFTON, Circuit Judges.

Argued and Submitted September 27, 2005.

Opinion by Judge WARDLAW; Partial concurrence and Partial Dissent by Judge CLIFTON; Dissent by Judge O'Scannlain; Dissent by Judge KOZINSKI

OPINION

WARDLAW, Circuit Judge, with whom Chief Judge SCHROEDER, Judges REINHARDT, THOMAS, GRABER, FISHER, and GOULD join, and with whom Judge CLIFTON joins as to Part II-A and II-B.

The question before us is whether a provision to submit to arbitration in a written...

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