Sarinya Reabroy v. Typhoon, Inc.

FILED

NOT FOR PUBLICATION JUN 23 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SARINYA REABROY, No. 09-35521

Plaintiff - Appellee, D.C. No. 3:08-cv-01178-HA

v.

MEMORANDUM *

TYPHOON!, INC.; STEVE KLINE; BO

KLINE,

Defendants - Appellants.

Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, Senior District Judge, Presiding

Argued and Submitted May 6, 2010 Portland, Oregon

Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.

Under Oregon law we determine unconscionability by looking at a

contract’s terms. Vasquez-Lopez v. Beneficial Or., Inc., 152 P.3d 940, 951 (Or.

Ct. App. 2007). Because the arbitration agreement does not say who will pay the

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page

USA&M arbitrator’s costs, the district court looked outside the contract to

USA&M rules and fees to determine the agreement’s practical effects. The

arbitration clause does not itself pose a…