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Cullinane et al v. Uber Technologies, Inc.

MEMORANDUM in Support re MOTION to Compel Arbitration and Stay, or in the Alternative, Dismiss Proceedings

59 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,753 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,902 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"

  3. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,610 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 )

  4. 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

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

    475 U.S. 643 (1986)   Cited 5,366 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

  6. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,975 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

  7. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,317 times   20 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  8. Carnival Cruise Lines, Inc. v. Shute

    499 U.S. 585 (1991)   Cited 1,943 times   8 Legal Analyses
    Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

  9. Prima Paint Corp. v. Flood & Conklin Mfg. Co.

    388 U.S. 395 (1967)   Cited 2,945 times   21 Legal Analyses
    Holding that courts are the proper forum to evaluate a challenge to the validity of an arbitration clause, but that where the entire agreement of which an arbitration clause is but a part is challenged, such evaluation is properly left to the arbitrator

  10. Kirleis v. Dickie

    560 F.3d 156 (3d Cir. 2009)   Cited 555 times
    Holding that "conclusory, self-serving affidavits are insufficient to withstand a motion for summary judgment"

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

    9 U.S.C. § 1   Cited 11,850 times   206 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  12. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,874 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  13. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,056 times   22 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  14. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,333 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists