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Knutson v. Sirius XM Radio Inc.

RESPONSE in Opposition re MOTION to Compel Arbitration

53 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,755 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,667 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived

  3. Green Tree Fin. Corp.-Ala. v. Randolph

    531 U.S. 79 (2000)   Cited 2,363 times   27 Legal Analyses
    Holding that claims under the Truth in Lending Act are arbitrable

  4. 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

  5. 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

  6. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,204 times   15 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

  7. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,550 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  8. Califano v. Yamasaki

    442 U.S. 682 (1979)   Cited 1,978 times   12 Legal Analyses
    Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"

  9. Perry v. Thomas

    482 U.S. 483 (1987)   Cited 1,331 times   14 Legal Analyses
    Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate

  10. 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

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,931 times   1234 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"

  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,023 times   47 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

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

    9 U.S.C. § 2   Cited 10,883 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  14. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,663 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals