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Lezell v. USAA Savings Bank et al.

MOTION to Compel Arbitration - Memorandum of Law in Support of Defendants' Motion to Compel Arbitration

21 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,756 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 11,913 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"

  3. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,614 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. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,374 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

  5. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,977 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

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

    489 U.S. 468 (1989)   Cited 3,206 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. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,861 times   13 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."

  8. 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

  9. Discover Bank v. Superior Court

    36 Cal.4th 148 (Cal. 2005)   Cited 476 times   70 Legal Analyses
    Holding that, under some circumstances, class action waivers in consumer arbitration agreements are unconscionable

  10. Anderson v. Beland (In re Am. Express Fin. Advisors Sec. Litig.)

    672 F.3d 113 (2d Cir. 2011)   Cited 306 times   1 Legal Analyses
    Holding that the district court had appropriately enjoined arbitration of nonarbitrable claims, but that it had erred by enjoining arbitration as to the related, arbitrable claims

  11. 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

  12. 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"

  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,664 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  14. Section 97A.140 - Requirements for issuance of credit card; provision and change of terms and conditions for use of credit card; applicable state law

    Nev. Rev. Stat. § 97A.140   Cited 11 times

    1. An issuer located in this State shall not issue a credit card to a cardholder unless the issuer first: (a) Provides the written notice required pursuant to NRS 97A.145 to the cardholder; and (b) Receives a written or oral request from the cardholder for the issuance of the credit card. 2. An issuer shall provide the cardholder with the terms and conditions that govern the use of the credit card, in writing, before or at the time of the receipt of the credit card. A cardholder shall be deemed to