26 Cited authorities

AT&T Mobility LLC v. Concepcion
563 U.S. 333 (2011) Cited 3,853 times 601 Legal Analyses
Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
Moses H. Cone Hosp. v. Mercury Constr. Corp.
460 U.S. 1 (1983) Cited 12,076 times 49 Legal Analyses
Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"
Dean Witter Reynolds Inc. v. Byrd
470 U.S. 213 (1985) Cited 3,374 times 21 Legal Analyses
Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court
Circuit City Stores, Inc. v. Adams
532 U.S. 105 (2001) Cited 1,566 times 52 Legal Analyses
Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it
Southland Corp. v. Keating
465 U.S. 1 (1984) Cited 1,883 times 22 Legal Analyses
Holding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"
Armendariz v. Foundation Health Psychcare Services, Inc.
24 Cal.4th 83 (Cal. 2000) Cited 1,792 times 46 Legal Analyses
Holding unilateral arbitration provision substantively unconscionable
Chiron Corp. v. Ortho Diagnostic Sys.
207 F.3d 1126 (9th Cir. 2000) Cited 1,233 times 1 Legal Analyses
Holding that "district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators" despite arbitration agreement's choice-of-law provision
Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC
55 Cal.4th 223 (Cal. 2012) Cited 640 times 2 Legal Analyses
Holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded
Moncharsh v. Heily Blase
3 Cal.4th 1 (Cal. 1992) Cited 1,080 times 12 Legal Analyses
Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"
Serpa v. California Surety Investigations, Inc.
215 Cal.App.4th 695 (Cal. Ct. App. 2013) Cited 194 times 2 Legal Analyses
Holding that an employer is required to give “reasonable and fair notice” when modifying terms of employment
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,123 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate
9 U.S.C. § 2 Cited 11,110 times 119 Legal Analyses
Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
Section 3 - Stay of proceedings where issue therein referable to arbitration
9 U.S.C. § 3 Cited 7,215 times 37 Legal Analyses
Providing for a stay of judicial proceedings on "issue referable to arbitration"
Section 1102.5 - Whistleblower protection
Cal. Lab. Code § 1102.5 Cited 1,235 times 39 Legal Analyses
Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"
Section 1280 - Definitions
Cal. Code Civ. Proc. § 1280 Cited 810 times 2 Legal Analyses
Defining drafting party

Memorandum Points and Authorities

26 Cited authorities

Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

Holding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"

Holding unilateral arbitration provision substantively unconscionable

Holding that "district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators" despite arbitration agreement's choice-of-law provision

Holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded

Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"

Holding that an employer is required to give “reasonable and fair notice” when modifying terms of employment

Prohibiting unlawful business practices

Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

Providing for a stay of judicial proceedings on "issue referable to arbitration"

Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"

Defining drafting party