Oestreicher
Oestreicher v. Alienware Corp.
Opinion
Lead Opinion
*491 MEMORANDUM *
Harry Oestreicher purchased a notebook computer from Alienware Corporation that overheated and permanently failed three months after the one-year warranty expired. He filed suit against Alienware asserting multiple claims under California state law, all predicated on the allegation that Alienware’s notebook computers overheat during normal usage because of the company’s defective design of the heat removal system. The district court denied Alienware’s motion to stay proceedings and compel arbitration, the dispute-resolution method specified in the purchase agreement, finding that the parties’ contractual choice of Florida law was unenforceable and that a class action waiver rendered the arbitration provision unconscionable. In a separate order, however, the district court granted Alienware’s motion to dismiss Oestreicher’s claims. We have jurisdiction under 9 U.S.C. § 16 (a)(1)(B) and 28 U.S.C. § 1291 , and we affirm both decisions.
I
The Ninth Circuit reviews the validity of an arbitration clause de novo. Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1267 (9th Cir.2006) (en banc). It reviews the factual findings underlying the district court’s decision for…