§Why CasetextPricing

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

    559 U.S. 662 (2010)   Cited 1,689 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived

  3. Lamps Plus, Inc. v. Varela

    139 S. Ct. 1407 (2019)   Cited 273 times   50 Legal Analyses
    Holding that the FAA precluded a court from applying California's contra proferentem doctrine to construe ambiguity in an arbitration agreement as to the availability of class arbitration against its drafter; stating "an equal treatment principle cannot save from preemption general rules that target arbitration either by name or by more subtle methods, such as by 'interfer[ing] with fundamental attributes of arbitration'"

  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. KPMG LLP v. Cocchi

    565 U.S. 18 (2011)   Cited 228 times   5 Legal Analyses
    Holding that the FAA has been “interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation”

  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. Three Valleys Mun. Water Dist v. E. F. Hutton

    925 F.2d 1136 (9th Cir. 1991)   Cited 394 times
    Holding that only a court can decide the threshold issue of the existence of an agreement to arbitrate

  9. Complaint of Hornbeck Offshore

    981 F.2d 752 (5th Cir. 1993)   Cited 197 times
    Holding that once it is determined that the dispute is subject to an arbitration agreement, then a stay of proceedings is mandatory pursuant to the FAA

  10. TRB Investments, Inc. v. Fireman's Fund Ins. Co.

    40 Cal.4th 19 (Cal. 2006)   Cited 131 times   2 Legal Analyses
    Finding ambiguous a contract that is "capable of two or more constructions, both of which are reasonable"

  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 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,215 times   37 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  13. Section 930 - Time periods strictly construed; motion to stay until claimant satisfies requirement of chapter

    Cal. Civ. Code § 930   Cited 20 times

    (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly