31 Cited authorities

  1. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,476 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  2. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,139 times   46 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”
  3. Allied-Bruce Terminix Cos. v. Dobson

    513 U.S. 265 (1995)   Cited 1,594 times   12 Legal Analyses
    Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"
  4. Citizens Bank v. Alafabco, Inc.

    539 U.S. 52 (2003)   Cited 488 times   3 Legal Analyses
    Holding the FAA applies to all transactions "affecting commerce-words of art that ordinarily signal the broadest permissible exercise of Congress' Commerce Clause power"
  5. Doctor's Assocs., Inc. v. Distajo

    107 F.3d 126 (2d Cir. 1997)   Cited 373 times
    Holding that a bond was not required where there was no proof of likelihood of harm
  6. Ping v. Beverly Enters., Inc.

    376 S.W.3d 581 (Ky. 2012)   Cited 232 times   2 Legal Analyses
    Holding that because a wrongful death claim "is not derived through or on behalf of the resident, but accrues separately to the wrongful death beneficiaries and is meant to compensate them for their own pecuniary loss," wrongful death beneficiaries were not parties to the arbitration agreement
  7. Cotton v. Slone

    4 F.3d 176 (2d Cir. 1993)   Cited 386 times
    Holding that party having failed to seek interlocutory appeal under 9 U.S.C. § 16 from denial of motion to compel arbitration could not raise issue after actively litigating claim — including filing of motions and taking of at least two depositions — and losing on the merits
  8. Leadertex v. Morganton Dyeing Finishing Corp.

    67 F.3d 20 (2d Cir. 1995)   Cited 228 times   4 Legal Analyses
    Holding that the judge's determination is to be reviewed de novo
  9. Thyssen, Inc. v. Calypso Shipping Corp., S.A

    310 F.3d 102 (2d Cir. 2002)   Cited 154 times
    Holding that " letter of undertaking replaces the vessel as the res and moots the question of the need for separate in rem claim"
  10. PPG Industries, Inc. v. Webster Auto Parts Inc.

    128 F.3d 103 (2d Cir. 1997)   Cited 158 times
    Holding that "a party waives its right to arbitration when it engages in protracted litigation that prejudices the opposing party"
  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,790 times   115 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"