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Ragone v. Atlantic Video at the Manhattan Center

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Argued: August 5, 2009

POOLER, HALL, and LIVINGSTON, Circuit Judges.

This case presents questions of law regarding the enforcement of arbitration agreements. After the defendants announced their intention to waive enforcement of certain provisions of the arbitration agreement at issue, the district court (Koeltl, J.) granted the defendants’ motion to dismiss the complaint and compel arbitration. We affirm the district court because we believe that the arbitration agreement, as modified by the defendants’ waivers, will allow the plaintiff to “vindicate [her] statutory cause[s] of action in the arbitral forum.” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 637 (1985). We emphasize, however, that it is not at all clear that we would reach the same result had the defendants attempted to enforce the arbitration agreement in its entirety.

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