Holl v. United States District Court for the Northern District of California, Oakland, No. 18-70568 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit vacated a petition for a writ of mandamus seeking to vacate the district court’s order compelling arbitration of claims that UPS overcharged retail customers who shipped packages through third-party facilities by applying Delivery Surcharge Rates higher than the rates UPS advertised. The panel applied California law and held that the district court's order determining that the parties had entered into a binding arbitration agreement was not clearly erroneous as a matter of law. Therefore, the extraordinary remedy of mandamus was not warranted, because plaintiff unequivocally assented to online terms that incorporated the document containing the arbitration clause in question.
Court Description: Mandamus / Arbitration. The panel denied a petition for a writ of mandamus seeking to vacate the district court’s order compelling arbitration of claims that United Parcel Service, Inc., overcharged retail customers who shipped packages through third-party facilities. Applying California law, the district court determined that the plaintiff and UPS entered into a binding arbitration agreement. The panel held that the district court’s order was not clearly erroneous as a matter of law, and so the extraordinary remedy of mandamus was not warranted, because the plaintiff assented to online terms that incorporated the document containing the arbitration clause in question.
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