35 Cited authorities

AT&T Mobility LLC v. Concepcion
563 U.S. 333 (2011) Cited 3,753 times 601 Legal Analyses
Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
Bristol-Myers Squibb Co. v. Superior Court of Cal.
137 S. Ct. 1773 (2017) Cited 2,180 times 135 Legal Analyses
Holding that unrelated contacts cannot diminish the required showing of an affiliation between the forum and the underlying controversy
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,798 times 32 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Tyson Foods, Inc. v. Bouaphakeo
577 U.S. 442 (2016) Cited 1,180 times 80 Legal Analyses
Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim
Mitsubishi Motors v. Soler Chrysler-Plymouth
473 U.S. 614 (1985) Cited 4,235 times 44 Legal Analyses
Holding that the Act emphatically favors arbitration
Shady Grove Orthopedic v. Allstate Ins. Co.
559 U.S. 393 (2010) Cited 1,155 times 44 Legal Analyses
Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
Phillips Petroleum Co. v. Shutts
472 U.S. 797 (1985) Cited 1,788 times 19 Legal Analyses
Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
Kindred Nursing Ctrs. Ltd. v. Clark
137 S. Ct. 1421 (2017) Cited 238 times 42 Legal Analyses
Holding that Kentucky's "clear-statement rule" violated FAA by holding arbitration agreements to a higher standard than other contracts
CE Design Ltd. v. King Architectural Metals, Inc.
637 F.3d 721 (7th Cir. 2011) Cited 226 times 1 Legal Analyses
Finding arguable defense on issue of consent where plaintiff posted fax number on website with phrase "contact us" and authorized the publication of its fax number in a directory aimed at firms in the building industry, which authorized the other subscribers to the publication, like defendant, to "communicate" with it, including via fax
Norcia v. Samsung Telecomms. Am., LLC
845 F.3d 1279 (9th Cir. 2017) Cited 184 times 6 Legal Analyses
Holding that inaction after receipt of offer for additional terms requiring arbitration was insufficient to bind offeree who was entitled to the benefits he retained regardless of whether he opted out of the additional terms
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,923 times 1234 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,804 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Kessler v. Samsung Electronics America Inc

35 Cited authorities

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

Holding that unrelated contacts cannot diminish the required showing of an affiliation between the forum and the underlying controversy

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

Holding that the Act emphatically favors arbitration

Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

Holding that Kentucky's "clear-statement rule" violated FAA by holding arbitration agreements to a higher standard than other contracts

Holding that inaction after receipt of offer for additional terms requiring arbitration was insufficient to bind offeree who was entitled to the benefits he retained regardless of whether he opted out of the additional terms

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases