§Why CasetextPricing

Hawkins et al v. Hooters of America, Inc. et al

MOTION to Dismiss and to Compel Arbitration and Memorandum in Support

28 Cited authorities

  1. 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"

  2. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,238 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  3. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,028 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

  4. Circuit City Stores, Inc. v. Adams

    532 U.S. 105 (2001)   Cited 1,537 times   52 Legal Analyses
    Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it

  5. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,488 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII

  6. Allied-Bruce Terminix Cos. v. Dobson

    513 U.S. 265 (1995)   Cited 1,603 times   12 Legal Analyses
    Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"

  7. Mastrobuono v. Shearson Lehman Hutton, Inc.

    514 U.S. 52 (1995)   Cited 1,239 times   14 Legal Analyses
    Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”

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

    388 U.S. 395 (1967)   Cited 2,946 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

  9. Sparling v. Hoffman Const. Co., Inc.

    864 F.2d 635 (9th Cir. 1988)   Cited 1,223 times   1 Legal Analyses
    Holding that creditor lacks RICO standing unless he shows injury other than that shown by shareholders

  10. Adkins v. Labor Ready, Inc.

    303 F.3d 496 (4th Cir. 2002)   Cited 590 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"

  11. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,373 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

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

    9 U.S.C. § 1   Cited 11,857 times   206 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

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

    9 U.S.C. § 2   Cited 10,885 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

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

    9 U.S.C. § 3   Cited 7,062 times   22 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  15. 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 6,346 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists