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1262018 Reply Brief

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18 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,853 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 948 times   169 Legal Analyses
    Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA

  3. Am. Express Co. v. Italian Colors Rest.

    570 U.S. 228 (2013)   Cited 662 times   31 Legal Analyses
    Holding that a class waiver in an arbitration agreement is enforceable under the FAA even when a plaintiff shows that the waiver will prevent her from vindicating her statutory rights

  4. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,792 times   46 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  5. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 717 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

  6. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,198 times
    Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

  7. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 640 times   2 Legal Analyses
    Holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded

  8. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 346 times   17 Legal Analyses
    Holding that Concepcion applies to the Consumers Legal Remedies Act to the extent that it would have the same effect as Discover Bank

  9. Sonic-Calabasas A, Inc. v. Moreno

    57 Cal.4th 1109 (Cal. 2013)   Cited 327 times   18 Legal Analyses
    Holding that the FAA does not permit "additional delay that results from ... an administrative scheme [like the Berman hearing process] to effectuate state policies unrelated to the agreement's enforceability"

  10. Baltazar v. Forever 21, Inc.

    62 Cal.4th 1237 (Cal. 2016)   Cited 258 times   2 Legal Analyses
    Holding that carve-outs for provisional injunctive relief such as this merely confirm rights available under California statutes and are therefore not unconscionable, and disapproving Trivedi to the extent inconsistent.

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

    9 U.S.C. § 1   Cited 12,068 times   210 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  12. Section 1633.9 - Electronic record or signature attributable to person

    Cal. Civ. Code § 1633.9   Cited 65 times   2 Legal Analyses
    Addressing authentication of electronic signatures