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In the Matter of Monarch Consulting, Inc., et al., Respondents,v.National Union Fire Insurance Company of Pittsburgh, PA, Appellant.---------------------------------In the Matter of National Union Fire Insurance Company of Pittsburgh, PA, Appellant, v. Priority Business Services, Inc., formerly known as Inland Valley Staffing Services,, Respondent.---------------------------------In the Matter of National Union Fire Insurance Company of Pittsburgh, PA, Appellant, v. Source One Staffing, LLC., Respondent.

Brief

58 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,752 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. First Options of Chi., Inc. v. Kaplan

    514 U.S. 938 (1995)   Cited 5,342 times   47 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 2,607 times   62 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. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,510 times   27 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

  5. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,366 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

  6. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,973 times   33 Legal Analyses
    Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

  7. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,666 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived

  8. Prima Paint Corp. v. Flood & Conklin Mfg. Co.

    388 U.S. 395 (1967)   Cited 2,945 times   21 Legal Analyses
    Holding that courts are the proper forum to evaluate a challenge to the validity of an arbitration clause, but that where the entire agreement of which an arbitration clause is but a part is challenged, such evaluation is properly left to the arbitrator

  9. Preston v. Ferrer

    552 U.S. 346 (2008)   Cited 573 times   18 Legal Analyses
    Holding that the FAA preempted a California law giving a state agency primary jurisdiction over a dispute involving the California Talent Agency Act despite the parties' agreement to arbitrate such disputes

  10. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 695 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act

  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,844 times   206 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 1,149 times   35 Legal Analyses
    Responding to South-Eastern Underwriters by codifying that the “business of insurance” is exempt from most Congressional action

  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 1,019 times   29 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."

  14. Section 1668 - Exemption from responsibility of own fraud or willful injury

    Cal. Civ. Code § 1668   Cited 617 times   5 Legal Analyses
    Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"

  15. Section 3513 - Waiver of advantage of law

    Cal. Civ. Code § 3513   Cited 344 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 - Short title

    Cal. Bus. & Prof. Code § 17000   Cited 225 times   1 Legal Analyses
    Defining `Unfair Practices Act'

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

    Cal. Ins. Code § 11658   Cited 47 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 - Disclosure regarding binding arbitration

    Cal. Health & Saf. Code § 1363.1   Cited 43 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 - Rates and premiums for automobile insurance; Good Driver Discount policies

    Cal. Ins. Code § 1861.02   Cited 32 times
    In section 1861.02, subdivision (a), the voters mandated the use of three specific rating factors to determine automobile insurance premiums and delegated the exclusive authority to approve "optional rating factors" to the elected Insurance Commissioner.

  20. Section 11735 - Rates and supplementary rate information filed with commissioner

    Cal. Ins. Code § 11735   Cited 14 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 12 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