Legal Opinion

Lifescan, Inc. v. Premier Diabetic Services, Inc., a Florida Corporation

Court of Appeals for the Ninth Circuit

Decided April 13, 2004No. 01-16124PublishedCited by 205 opinions

1Opinion of the Court

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 Li-fescan, Inc., a Johnson & Johnson subsidiary, to buy glucose monitoring strips and meters at a discount, on the condition that all products be sold to Medicare patients. In early 1998, Lifescan stopped shipping because it became convinced that Premier was selling…

2Cases cited6 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  3. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  4. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  5. Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2000

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

3Cited by205 opinions

  1. Daniel Berman v. Freedom Financial Network LLCCourt of Appeals for the Ninth Circuit · 2022
  2. Cox v. Ocean View Hotel Corp.Court of Appeals for the Ninth Circuit · 2008
  3. Mitch Oberstein v. Live Nation Ent'm't, Inc.Court of Appeals for the Ninth Circuit · 2023
  4. Pre-Paid Legal Services, Inc. v. CahillCourt of Appeals for the Tenth Circuit · 2015
  5. Renee Tillman v. Rheingold Valet Rheingold EtcCourt of Appeals for the Ninth Circuit · 2016

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

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