52 Cited authorities

Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,798 times 12 Legal Analyses
Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,616 times 18 Legal Analyses
Holding that state law governs substantive issues and federal law governs procedural issues
Van Dusen v. Barrack
376 U.S. 612 (1964) Cited 4,676 times 7 Legal Analyses
Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"
Jumara v. State Farm Ins. Co.
55 F.3d 873 (3d Cir. 1995) Cited 2,470 times 5 Legal Analyses
Holding that a plaintiff's choice of venue "should not be lightly disturbed"
Lewis v. ACB Business Services, Inc.
135 F.3d 389 (6th Cir. 1998) Cited 1,498 times 1 Legal Analyses
Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act
Dole Food Co. v. Watts
303 F.3d 1104 (9th Cir. 2002) Cited 1,089 times 1 Legal Analyses
Holding that because purposeful direction was established, it was "obvious" that the second prong of the minimum contacts test was also satisfied
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
Ingle v. Circuit City Stores, Inc.
328 F.3d 1165 (9th Cir. 2003) Cited 461 times 2 Legal Analyses
Holding that a unilateral modification provision, which provided more notice than required in Ralphs' policy, was substantively unconscionable
Lou v. Belzberg
834 F.2d 730 (9th Cir. 1987) Cited 700 times
Holding that we had appellate jurisdiction over a case that had been transferred to an out-of-circuit district court because the appellant filed her notice of appeal before the transferred records were docketed in that court
Landsberg v. Scrabble Crossword Game Players, Inc.
469 U.S. 1037 (1984) Cited 235 times
Reversing district court's order compelling arbitration in Illinois in contravention of forum-selection clause in contract's arbitration clause designating Texas as the arbitration situs
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,099 times 110 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,645 times 142 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title
9 U.S.C. § 1 Cited 12,068 times 210 Legal Analyses
Defining the word "commerce" in the language of the Commerce Clause itself
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 6,520 times 33 Legal Analyses
Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
Rule 408 - Compromise Offers and Negotiations
Fed. R. Evid. 408 Cited 4,338 times 47 Legal Analyses
Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
Section 78aa - Jurisdiction of offenses and suits
15 U.S.C. § 78aa Cited 2,338 times 20 Legal Analyses
Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."
Section 382 - Party not consenting to joinder as plaintiff made defendant
Cal. Code Civ. Proc. § 382 Cited 919 times 6 Legal Analyses
Setting forth the requirements for class action certification
Section 541.100 - General rule for executive employees
29 C.F.R. § 541.100 Cited 858 times 53 Legal Analyses
Requiring payment "on a salary basis at a rate of not less than $455 per week"
Section 541.700 - Primary duty
29 C.F.R. § 541.700 Cited 789 times 60 Legal Analyses
Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"
Section 11070 - Order Regulating Wages, Hours, and Working Conditions in the Mercantile Industry
Cal. Code Regs. tit. 8 § 11070 Cited 242 times 13 Legal Analyses
Requiring pay "[i]f an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting"

Lockette v. Ross Stores, Inc. et al

52 Cited authorities

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Holding that state law governs substantive issues and federal law governs procedural issues

Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

Holding that a plaintiff's choice of venue "should not be lightly disturbed"

Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act

Holding that because purposeful direction was established, it was "obvious" that the second prong of the minimum contacts test was also satisfied

Holding that, under some circumstances, class action waivers in consumer arbitration agreements are unconscionable

Holding that a unilateral modification provision, which provided more notice than required in Ralphs' policy, was substantively unconscionable

Holding that we had appellate jurisdiction over a case that had been transferred to an out-of-circuit district court because the appellant filed her notice of appeal before the transferred records were docketed in that court

Reversing district court's order compelling arbitration in Illinois in contravention of forum-selection clause in contract's arbitration clause designating Texas as the arbitration situs

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Allowing service by filing papers with the court's electronic-filing system

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Defining the word "commerce" in the language of the Commerce Clause itself

Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

Setting forth the requirements for class action certification

Requiring payment "on a salary basis at a rate of not less than $455 per week"

Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

Requiring pay "[i]f an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting"