44 Cited authorities

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"
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 )
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
AT&T Techs., Inc. v. Commc'ns Workers of Am.
475 U.S. 643 (1986) Cited 5,373 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
Buckeye Check Cashing v. Cardegna
546 U.S. 440 (2006) Cited 1,976 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
Dean Witter Reynolds Inc. v. Byrd
470 U.S. 213 (1985) Cited 3,320 times 20 Legal Analyses
Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court
Arthur Andersen LLP v. Carlisle
556 U.S. 624 (2009) Cited 1,067 times 18 Legal Analyses
Holding that the FAA "creates substantive federal law ... requiring courts to place [arbitration] agreements upon the same footing as other contracts," but that nothing in the FAA "purports to alter background principles of state contract law regarding the scope of [arbitration] agreements"
Perry v. Thomas
482 U.S. 483 (1987) Cited 1,331 times 14 Legal Analyses
Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate
Heller Fin., Inc. v. Midwhey Powder Co., Inc.
883 F.2d 1286 (7th Cir. 1989) Cited 1,587 times
Holding that a "forum-selection clause is not dispositive under § 1404"
Grigson v. Creative Artists Agency
210 F.3d 524 (5th Cir. 2000) Cited 620 times 1 Legal Analyses
Holding that application of equitable estoppel is warranted when the plaintiff "raises allegations of substantially interdependent and concerted misconduct by both the nonsignatory and one or more of the signatories to the contract"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
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
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"
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"

Boehm, Scott et al v. Getty Images (Us), Inc. et al

44 Cited authorities

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"

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 )

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

Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

Holding that the FAA "creates substantive federal law ... requiring courts to place [arbitration] agreements upon the same footing as other contracts," but that nothing in the FAA "purports to alter background principles of state contract law regarding the scope of [arbitration] agreements"

Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate

Holding that a "forum-selection clause is not dispositive under § 1404"

Holding that application of equitable estoppel is warranted when the plaintiff "raises allegations of substantially interdependent and concerted misconduct by both the nonsignatory and one or more of the signatories to the contract"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining the word "commerce" in the language of the Commerce Clause itself

Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

Providing for a stay of judicial proceedings on "issue referable to arbitration"