“One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions”

Adam Hunt, Angela Kleine and Neil Tyler of Morrison & Foerster have this article, available at JD Supra, discussing two Ninth Circuit decisions (Stafford v. Rite Aid Corp. and Franklin v. Community Regional Medical Center), both issued on May 21, and reaching different results regarding the arbitrability of disputes based on equitable estoppel. As the authors explain, the divergent rulings confirm that “the way a company structures its business and contractual relationships can subject even the most carefully drafted arbitration provisions to an uncertain future,” and “demonstrate the fact-specific analysis involved” in seeking to compel arbitration when one of the litigants is not a party to the arbitration agreement.