30 Cited authorities

  1. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,280 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
  2. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 874 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. Marmet Health Care Ctr., Inc. v. Brown

    565 U.S. 530 (2012)   Cited 342 times   34 Legal Analyses
    Holding that West Virginia's prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes was preempted by the FAA
  4. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,707 times   44 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  5. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 653 times   143 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. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 569 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
  7. Moncharsh v. Heily Blase

    3 Cal.4th 1 (Cal. 1992)   Cited 1,044 times   12 Legal Analyses
    Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"
  8. Roman v. Superior Court (Flo-Kem, Inc.)

    172 Cal.App.4th 1462 (Cal. Ct. App. 2009)   Cited 186 times   3 Legal Analyses
    Holding that "[w]hen bargaining power is not grossly unequal and reasonable alternatives exist, oppression typically inherent in adhesion contracts is minimal"
  9. Kinney v. United HealthCare Services, Inc.

    70 Cal.App.4th 1322 (Cal. Ct. App. 1999)   Cited 223 times
    Holding a "unilateral obligation to arbitrate is itself so one-sided as to be substantively unconscionable"
  10. Coast Plaza Doctors Hospital v. Blue Cross of California

    83 Cal.App.4th 677 (Cal. Ct. App. 2000)   Cited 211 times
    Holding claim for negligent interference with prospective economic advantage and other tort and statutory claims constituted disputes "arising under" the parties' agreement where those claims "center[ed] around and [were] clearly based upon" terms in the agreement and were "inextricably related to [the agreement's] terms and provisions"
  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,600 times   199 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  12. Section 1614 - Presumptive evidence of consideration

    Cal. Civ. Code § 1614   Cited 216 times

    A written instrument is presumptive evidence of a consideration. Ca. Civ. Code § 1614 Enacted 1872.