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2d Cir 9th Cir accountant's Accu-Tek agreement to arbitrate alleged apply arbitration agreement arbitrator's Arbor View audit award breach causation cause of action chemical or physical Circuit client collateral estoppel collective bargaining complaint conduct constitutional contract Coopers & Lybrand Corp criminal damages decision defendant defendant's Dist duty employee employee's enforcement evidence expectation of privacy expert testimony federal court fees filed firearms foreseeable Fourth Amendment Gail Fox Gilmer handgun manufacturers handguns Home for Injury home or nursing-care investors issue judgment judicial jurisdiction jury Keaau Kohala litigation market share ment misuse of chemical negligent marketing nursing home nursing-care facility patient physical restraints plaintiff procedures Products Liability proof protected proximate cause reasonable resident resident's right to privacy Rule S.Ct shooting standard statutory claims Supp Supreme Court third party tion Title VII tort violation workplace World Radio Laboratories