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MURIITHI v. SHUTTLE EXP., INC.

No. 11-1445.

712 F.3d 173 (2013)

Samuel D. MURIITHI, Plaintiff-Appellee, and Kevin A. Gadson; Okierieta O. Enajekpo, Plaintiffs, v. SHUTTLE EXPRESS, INC., Defendant-Appellant, and Supershuttle International, Inc.; Shuttle Express Corporation; Veolia Transportation, Incorporated; Veolia Environment SA, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2013.

Attorney(s) appearing for the Case

ARGUED: Christopher A. Parlo , Morgan Lewis & Bockius, LLP, New York, New York, for Appellant. John Michael Singleton, Sr. , Lutherville, Maryland, for Appellee. ON BRIEF: Russell R. Bruch , Morgan Lewis & Bockius, LLP, Washington, D.C.; Melissa C. Rodriguez , Morgan Lewis & Bockius, LLP, New York, New York, for Appellant.

Vacated and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge DAVIS and Judge GIBNEY joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider the enforceability of an arbitration clause included in a franchise agreement between the plaintiff, Samuel Muriithi, and the defendant, Shuttle Express, Inc. The district court refused to compel arbitration based on three provisions in the franchise agreement that the court found were unconscionable: (1) a class action waiver; (2) a requirement that the parties "split" arbitration...

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