29 Cited authorities

  1. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,037 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration
  2. Cheeks v. Freeport Pancake House, Inc.

    796 F.3d 199 (2d Cir. 2015)   Cited 2,424 times   26 Legal Analyses
    Holding parties cannot settle FLSA claims without approval from the district court or the Department of Labor
  3. Cunningham v. Hamilton County

    527 U.S. 198 (1999)   Cited 419 times   2 Legal Analyses
    Holding that a sanctions order imposed solely on an attorney is not immediately appealable
  4. Brooklyn Bank v. O'Neil

    324 U.S. 697 (1945)   Cited 1,707 times   28 Legal Analyses
    Holding right to liquidated damages under Fair Labor Standards Act nonwaivable
  5. Sears, Roebuck Co. v. Mackey

    351 U.S. 427 (1956)   Cited 1,092 times
    Holding that Rule 54(b) "does not relax the finality required of each decision, as an individual claim, to render it appealable, but it does provide a practical means of permitting an appeal to be taken from one or more final decisions on individual claims, in multiple claims actions, without waiting for final decisions to be rendered on all the claims in the case."
  6. Adkins v. Labor Ready, Inc.

    303 F.3d 496 (4th Cir. 2002)   Cited 594 times   3 Legal Analyses
    Holding that there is "no suggestion in the text, legislative history, or purpose of the FLSA that Congress intended to confer a nonwaivable right to a class action under that statute"
  7. Salyton v. American Exp. Co.

    460 F.3d 215 (2d Cir. 2006)   Cited 361 times
    Holding that dismissal with leave to amend is a non-final order that is not appealable since the litigation may continue via an amendment to the complaint
  8. DiRussa v. Dean Witter Reynolds, Inc.

    121 F.3d 818 (2d Cir. 1997)   Cited 447 times
    Holding that arbitrators are only charged with having knowledge of governing law identified by the parties
  9. Westerbeke Corp. v. Daihatsu Motor Co.

    304 F.3d 200 (2d Cir. 2002)   Cited 356 times
    Holding that an arbitrator's "factual findings and contractual interpretation are not subject to judicial challenge, particularly on [a court's] limited review of whether the arbitrator manifestly disregarded the law"
  10. Schulte Co. v. Gangi

    328 U.S. 108 (1946)   Cited 551 times   7 Legal Analyses
    Holding that an employee could not waive his right to liquidated damage, even if the release is made in settlement of a bona fide dispute as to coverage
  11. 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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 109,292 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 89,115 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,111 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  15. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,367 times   196 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders
  16. Section 16 - Appeals

    9 U.S.C. § 16   Cited 1,837 times   63 Legal Analyses
    Permitting appeal of "a final decision with respect to an arbitration"