Horenstein

Horenstein v. Mortgage Market, Inc.

Good Law
9 F. App'x 618
United States Court of Appeals for the Ninth CircuitMay 10, 2001No. 99-36125; D.C. No. CV-98-01104-ALACalifornia658 words

Opinion

Lead Opinion

MEMORANDUM *

The Federal Arbitration Act (“FAA”) applies to this case, Circuit City Stores, Inc. v. Adams, 532 U.S. 105 , 121 S.Ct. 1302 , 149 L.Ed.2d 234 (2001), and Section 16 of the FAA governs our jurisdiction. When a district court “has ordered the parties to proceed to arbitration, and dismissed all the claims before it, that decision is ‘final’ within the meaning of 16(a)(3), and therefore appealable.” Green Tree Financial Corp. v. Randolph, 531 U.S. 79 , 121 S.Ct. 513, 521 , 148 L.Ed.2d 373 (2000).

Appellants’ argument that because the Arbitration Agreements specifically superseded all prior agreements, thus voiding the arbitration clause in their Employment Agreements, fails. The district court pre *619 viously invalidated the Arbitration Agreements in their entirety, which appellants do not challenge. The appellants accordingly cannot rely on the invalidated super-session clause in this appeal. Moreover, we agree with the district court that it is inappropriate “to interpret the contract language in a manner contrary to the obvious intent of the parties that some type of arbitration apply.”

We also reject appellants’ contention that the Arbitration Agreements and the…

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