§Why CasetextPricing

I.C., a minor, by and through his natural parent, Nasim Chaudhri v. Zynga, Inc.

MOTION to Compel Arbitration or, in the Alternative, Compel Discovery

37 Cited authorities

  1. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,913 times   47 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

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

    514 U.S. 938 (1995)   Cited 5,350 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 2,614 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. Green Tree Fin. Corp.-Ala. v. Randolph

    531 U.S. 79 (2000)   Cited 2,363 times   27 Legal Analyses
    Holding that claims under the Truth in Lending Act are arbitrable

  5. Henry Schein, Inc. v. Archer & White Sales, Inc.

    139 S. Ct. 524 (2019)   Cited 1,097 times   39 Legal Analyses
    Holding that "a court possesses no power to decide the arbitrability issue" if "the parties' contract delegates the arbitrability question to an arbitrator"

  6. Brennan v. Opus Bank, Corp.

    796 F.3d 1125 (9th Cir. 2015)   Cited 490 times   4 Legal Analyses
    Holding that the plaintiff's unconscionability claim was for the arbitrator to decide because the plaintiff "failed to make any arguments specific to the delegation provision and instead argued that the [arbitration provision] as a whole [was] unconscionable"

  7. Meyer v. Uber Techs., Inc.

    868 F.3d 66 (2d Cir. 2017)   Cited 437 times   9 Legal Analyses
    Holding use of linked Terms of Service containing an arbitration clause was not procedurally unconscionable and recognizing that "clarity and conspicuousness are a function of the design and content of the relevant interface"

  8. Nguyen v. Barnes & Noble Inc.

    763 F.3d 1171 (9th Cir. 2014)   Cited 433 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."

  9. Simula, Inc. v. Autoliv, Inc.

    175 F.3d 716 (9th Cir. 1999)   Cited 601 times   2 Legal Analyses
    Holding that disputes “need only touch matters covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability”

  10. Norcia v. Samsung Telecomms. Am., LLC

    845 F.3d 1279 (9th Cir. 2017)   Cited 185 times   6 Legal Analyses
    Holding that inaction after receipt of offer for additional terms requiring arbitration was insufficient to bind offeree who was entitled to the benefits he retained regardless of whether he opted out of the additional terms

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

    9 U.S.C. § 1   Cited 11,856 times   206 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 10,883 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  13. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,061 times   22 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  14. 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 6,344 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  15. Section 6710 - Generally

    Cal. Fam. Code § 6710   Cited 42 times   3 Legal Analyses
    Permitting minors to disaffirm most contracts