58 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 2,681 times   546 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  2. First Options of Chicago, Inc. v. Kaplan

    514 U.S. 938 (1995)   Cited 4,126 times   33 Legal Analyses
    Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."
  3. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 1,641 times   52 Legal Analyses
    Holding that parties may delegate arbitrability through an express delegation clause
  4. ATT Technologies v. Communications Workers of America

    475 U.S. 643 (1986)   Cited 4,505 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"
  5. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 1,968 times   24 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
  6. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,313 times   196 Legal Analyses
    Holding that the agreement must contain affirmative evidence of class arbitration authorization
  7. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,451 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
  8. Prima Paint v. Flood Conklin

    388 U.S. 395 (1967)   Cited 2,576 times   16 Legal Analyses
    Holding that "except where the parties otherwise intend," "arbitration clauses as a matter of federal law are 'separable' from the contracts in which they are embedded"
  9. Preston v. Ferrer

    552 U.S. 346 (2008)   Cited 455 times   12 Legal Analyses
    Holding that a dispute concerning the legality of a contract must be resolved by an arbitrator since respondent sought invalidation of the contract as a whole, and made no discrete challenge to the validity of the arbitration clause
  10. United States Department of Treasury v. Fabe

    508 U.S. 491 (1993)   Cited 302 times   7 Legal Analyses
    Holding that the McCarran-Ferguson Act precluded the United States from obtaining priority over policyholders or administrative expenses in insurance liquidation
  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 9,718 times   148 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  12. Section 1011 - Declaration of policy

    15 U.S.C. § 1011   Cited 1,071 times   25 Legal Analyses
    Noting that "this case involves insurance law, an area that Congress has expressly left to the states through the McCarran-Ferguson Act."
  13. 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 906 times   21 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."
  14. Section 1668

    Cal. Civ. Code § 1668   Cited 396 times   5 Legal Analyses
    Forbidding contracts which exempt anyone from responsibility for his own violation of law
  15. Section 3513

    Cal. Civ. Code § 3513   Cited 203 times   9 Legal Analyses
    Stating that "[a]ny one may waive the advantage of a law intended solely for his benefit [b]ut a law established for a public reason cannot be contravened by a private agreement"
  16. Section 17000

    Cal. Bus. and Prof'l. Code § 17000   Cited 155 times   1 Legal Analyses

    This chapter may be cited as the Unfair Practices Act. Ca. Bus. and Prof'l. Code § 17000

  17. Section 11658

    Cal. Ins. Code § 11658   Cited 34 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

  18. Section 1363.1

    Cal. Health and Saf. Code § 1363.1   Cited 32 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

  19. Section 1861.02

    Cal. Ins. Code § 1861.02   Cited 14 times

    (a) Rates and premiums for an automobile insurance policy, as described in subdivision (a) of Section 660, shall be determined by application of the following factors in decreasing order of importance: (1) The insured's driving safety record. (2) The number of miles he or she drives annually. (3) The number of years of driving experience the insured has had. (4) Those other factors that the commissioner may adopt by regulation and that have a substantial relationship to the risk of loss. The regulations

  20. Section 11735

    Cal. Ins. Code § 11735   Cited 5 times

    (a) Every insurer shall file with the commissioner all rates and supplementary rate information that are to be used in this state. The rates and supplementary rate information shall be filed not later than 30 days prior to the effective date. Upon application by the filer, the commissioner may authorize an earlier effective date. To the extent possible, rates and supplementary rate information shall be based upon supporting information derived from the experience or data of the insurer, rating organization

  21. Section 2268 - Unlawful Use of Policy Forms, Endorsement Forms, or Ancillary Agreements

    Cal. Code Regs. tit. 10 § 2268   Cited 7 times

    (a) An insurer shall not use any policy form, endorsement form, or ancillary agreement unless attached to and made a part of the policy. If an insurer attaches a policy or endorsement form that restricts or limits the coverage of the policy, it shall conform in all respects with these rules. (b) An insurer shall not use a policy form, endorsement form, or ancillary agreement except those filed and approved by the Commissioner in accordance with these regulations. (c) An insurer shall not use a policy