Legal Opinion

Samuel Muriithi v. Shuttle Express, Inc.

Court of Appeals for the Fourth Circuit

Decided April 1, 2013No. 11-1445PublishedCited by 104 opinions

1Opinion of the Court

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 fees; and (3) a…

2Cases cited28 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  3. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  4. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  5. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000

23 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Chorley Enterprises, Inc. v. Dickey's Barbecue Restaurants, Inc.Court of Appeals for the Fourth Circuit · 2015
  2. Dale Mortensen v. Bresnan CommunicationsCourt of Appeals for the Ninth Circuit · 2013
  3. James Hayes v. Delbert Services CorporationCourt of Appeals for the Fourth Circuit · 2016
  4. Barry Rowland v. Sandy Morris FinancialCourt of Appeals for the Fourth Circuit · 2021
  5. Stone v. Wells Fargo Bank, N.A.District Court, D. Maryland · 2019

99 more not listed; retrieve them via the Exa API.

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