Judge: Fact Finding Is Necessary To Determine If Agreement To Arbitrate Was Made

Mealey's (March 6, 2019, 11:23 AM EST) -- INDIANAPOLIS — An Indiana federal judge on Feb. 25 held that because of a sparse evidentiary record, the context-dependent nature of franchisors’ and subfranchisors’ agency, estoppel and ratification arguments to support their motions to compel arbitration require fact finding as to the parties' course of dealing before, during and after the signing of a franchise agreement (Extremely Clean Cleaning Services, LLC, et al. v. CAAT, Inc. , et al., No. 18-02968, S.D. Ind., 2019 U.S. Dist. LEXIS 30149)....