78 Cited authorities

  1. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 1,826 times   56 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 )
  2. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 4,690 times   22 Legal Analyses
    Holding that "the question of arbitrability—whether a collective-bargaining agreement creates a duty for the parties to arbitrate the particular grievance—is undeniably an issue for judicial determination"
  3. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,085 times   26 Legal Analyses
    Holding that compliance with a time-limit on the initiation of arbitration was not a gateway "question of arbitrability" that was reserved for the courts as it was procedural rather than substantive
  4. Green Tree Fin. Corp.-Ala. v. Randolph

    531 U.S. 79 (2000)   Cited 2,015 times   27 Legal Analyses
    Holding that claims under the Truth in Lending Act are arbitrable
  5. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,553 times   28 Legal Analyses
    Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable
  6. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 3,732 times   43 Legal Analyses
    Holding that the Act emphatically favors arbitration
  7. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 2,725 times   54 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration
  8. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,627 times   12 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."
  9. R. De Quijas v. Shearson/American Express, Inc.

    490 U.S. 477 (1989)   Cited 1,357 times   22 Legal Analyses
    Holding that if Supreme Court precedent has direct application to case, "the Court of Appeals should follow the case which directly controls, leaving to th[e Supreme] Court the prerogative of overruling its own decisions"
  10. Prima Paint Corp. v. Flood & Conklin Mfg. Co.

    388 U.S. 395 (1967)   Cited 2,637 times   18 Legal Analyses
    Holding that arbitrators have the primary power to decide legal issues relating to the parties’ contract absent evidence indicating the parties intended to exclude those issues from arbitration
  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 8,869 times   107 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  12. Section 1012 - Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948

    15 U.S.C. § 1012   Cited 918 times   24 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."
  13. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 912 times   27 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  14. Section 9-9-2 - Applicability; exclusive method

    Ga. Code § 9-9-2   Cited 64 times   2 Legal Analyses
    Excepting a variety of contracts from state's arbitration provision including agreements to arbitrate "future claims arising out of personal bodily injury or wrongful death based on tort"
  15. Section 5-401 - [Repealed]

    Kan. Stat. § 5-401   Cited 55 times   2 Legal Analyses

    K.S.A. 5-401 Repealed by L. 2018, ch. 90,§ 35, eff. 7/1/2018. L. 1973, ch. 24, § 1; L. 1977, ch. 25, § 1; L. 1987, ch. 38, § 1; L. 1995, ch. 155, § 2; July 1.

  16. Section 11658 - Copy of form or endorsement filed for approval

    Cal. Ins. Code § 11658   Cited 36 times   5 Legal Analyses

    (a) A workers' compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to

  17. Section 1363.1 - Disclosure regarding binding arbitration

    Cal. Health and Saf. Code § 1363.1   Cited 35 times   2 Legal Analyses

    Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that meets all of the following conditions: (a) The disclosure shall clearly state whether the plan uses binding arbitration to settle disputes, including specifically whether the plan uses binding arbitration to settle claims of medical malpractice. (b) The disclosure

  18. Section 25-2602.01 - Validity of arbitration agreement

    Neb. Rev. Stat. § 25-2602.01   Cited 29 times   10 Legal Analyses
    Setting forth the requirements for a valid arbitration agreement
  19. Section 22:868 - Limiting actions; jurisdiction; venue

    La. Stat. tit. 22 § 868   Cited 28 times   2 Legal Analyses

    A. No insurance contract delivered or issued for delivery in this state and covering subjects located, resident, or to be performed in this state, or any group health and accident policy insuring a resident of this state regardless of where made or delivered, shall contain any condition, stipulation, or agreement either: (1) Requiring it to be construed according to the laws of any other state or country except as necessary to meet the requirements of the motor vehicle financial responsibility laws

  20. Section 435.350 - Validity of arbitration agreement, exceptions

    Mo. Rev. Stat. § 435.350   Cited 23 times   3 Legal Analyses
    Excluding "contracts of insurance" from arbitrability