MEMORANDUM OF LAW in Support re: 4 MOTION To Compel Arbitration and Enjoin State Court Action Pursuant 9 U.S.C.4 . Memorandum Of Law In Support Of Plaintiff's Petition To Compel Arbitration And To Enjoin Pending State Court Action. Document
460 U.S. 1 (1983) Cited 11,958 times 49 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"
556 U.S. 624 (2009) Cited 1,076 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"
Holding that "our venerable standard for assessing a movant's probability of success on the merits remains valid [after the Supreme Court's decision in Winter]"
Holding that clause submitting to arbitration "any claim or controversy arising out of or relating to the agreement" is "paradigm of a broad clause" and thus establish presumption of arbitrability