Opposition re MOTION for Reconsideration on the Enforceability of Coverall's Arbitration Clause in Light of the Supreme Judicial Court's Decision in Crocker v. Townsend Oil Co.
460 U.S. 1 (1983) Cited 11,894 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"
489 U.S. 468 (1989) Cited 3,201 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"
532 U.S. 105 (2001) Cited 1,535 times 51 Legal Analyses
Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it
517 U.S. 681 (1996) Cited 1,859 times 13 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."
514 U.S. 52 (1995) Cited 1,239 times 14 Legal Analyses
Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”
This division may be known as the "Franchise Investment Law." References in this division to "this law" refer to the applicable provisions of this division. Ca. Corp. Code § 31000 Added by Stats. 1970, Ch. 1400.
Providing that, "any condition, stipulation or provision purporting to bind any person acquiring a franchise to waive any compliance with any provision of this law or any rule or order hereunder is void."