64 Cited authorities

  1. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,823 times   11 Legal Analyses
    Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
  2. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,784 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  3. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,639 times   64 Legal Analyses
    Holding that "an arbitration provision is severable from the remainder of the contract," even where the contract containing the arbitration provision is itself an arbitration agreement (quoting Buckeye , 546 U.S. at 445, 126 S.Ct. 1204 )
  4. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,391 times   23 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement
  5. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,672 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived
  6. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,214 times   15 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"
  7. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,759 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  8. Chiron Corp. v. Ortho Diagnostic Sys.

    207 F.3d 1126 (9th Cir. 2000)   Cited 1,213 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
  9. Nguyen v. Barnes & Noble Inc.

    763 F.3d 1171 (9th Cir. 2014)   Cited 444 times   17 Legal Analyses
    Holding that even "where a website makes its terms of use available via a conspicuous hyperlink on every page of the website but otherwise provides no notice to users nor prompts them to take any affirmative action to demonstrate assent, even close proximity of the hyperlink to relevant buttons users must click on—without more—is insufficient to give rise to constructive notice."
  10. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 331 times   17 Legal Analyses
    Holding that Concepcion applies to the Consumers Legal Remedies Act to the extent that it would have the same effect as Discover Bank
  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,910 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  12. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,939 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  13. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,375 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,175 times   48 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  15. Section 1550 - Essential to existence of contract

    Cal. Civ. Code § 1550   Cited 852 times   3 Legal Analyses
    Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration
  16. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 764 times   3 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts
  17. Section 1281 - Generally

    Cal. Code Civ. Proc. § 1281   Cited 514 times   5 Legal Analyses
    Explaining an arbitration agreement may only be invalidated upon the same "grounds as exist for the revocation of any contract"
  18. Section 218.5 - Award of attorney's fees

    Cal. Lab. Code § 218.5   Cited 422 times   12 Legal Analyses
    Providing a right of action for unpaid wages
  19. Section 1565 - Requirements of consent

    Cal. Civ. Code § 1565   Cited 365 times   1 Legal Analyses

    The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other. Ca. Civ. Code § 1565 Enacted 1872.

  20. Section 1580 - Mutual consent

    Cal. Civ. Code § 1580   Cited 217 times

    Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact. Ca. Civ. Code § 1580 Enacted 1872.