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In Re: Readyone Industries, Inc.,

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AN ORIGINAL PROCEEDING IN MANDAMUS

OPINION

In this original proceeding, ReadyOne Industries, Inc. seeks mandamus relief from the trial court’s order permitting discovery on the arbitrability of an agreement between ReadyOne and its employee, Margaret Simental (“Simental”), governing work-related injuries. ReadyOne contends that the trial court erred in deciding that the Franken Amendment*fn1 might apply to Simental’s negligence cause of action and that Simental established the facts necessary to raise a reasonable expectation that the arbitration agreement was unenforceable. Concluding that the Franken Amendment is inapplicable in a personal injury suit and that Simental failed to provide a colorable or reasonable basis for believing that discovery would materially aid her in establishing her defenses to the validity of an arbitration agreement, we conditionally grant mandamus relief.

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