51 Cited authorities

  1. Toyota Motor Mfg., Ky., Inc. v. Williams

    534 U.S. 184 (2002)   Cited 2,376 times   16 Legal Analyses
    Holding "substantially" and "major" "need to be interpreted strictly to create a demanding standard for qualifying as disabled," and therefore, to be disabled "an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives"
  2. Paperworkers v. Misco, Inc.

    484 U.S. 29 (1987)   Cited 2,514 times   8 Legal Analyses
    Holding jurisdiction to enforce a collective bargaining agreement only vests once grievance and arbitration procedures are exhausted
  3. Granite Rock Co. v. Int'l Bhd. of Teamsters

    561 U.S. 287 (2010)   Cited 922 times   9 Legal Analyses
    Holding that the court decides when union ratified, and thus became a party to, collective bargaining agreement containing arbitration clause
  4. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,606 times   18 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  5. Metropolitan Life Ins. Co. v. Massachusetts

    471 U.S. 724 (1985)   Cited 1,455 times   7 Legal Analyses
    Holding that the National Labor Relations Act does not permit “unions and employers to bargain for terms of employment that state law forbids employers to establish unilaterally”
  6. People v. Jennings

    50 Cal.4th 616 (Cal. 2010)   Cited 866 times   2 Legal Analyses
    Finding trial court not required to give sua sponte instruction on "complete defense" of accident that would negate the intent element necessary for first degree murder convictions where defense hinged on facts particular to the case and the defendant failed to request the instruction
  7. Allstate Ins. Co. v. Hague

    449 U.S. 302 (1981)   Cited 524 times
    Holding that a Minnesota court may apply Minnesota rule permitting “stacking” of motorcycle insurance policies because plaintiff now lived in Minnesota and her deceased spouse had worked in Minnesota, even though plaintiff had lived in Wisconsin at the time of the accident, and even though decedent had lived in Wisconsin, had taken out the insurance policies in Wisconsin, and had been killed in Wisconsin
  8. Nedlloyd Lines B.V. v. Superior Court

    3 Cal.4th 459 (Cal. 1992)   Cited 515 times   13 Legal Analyses
    Holding that the phrase "governed by" in a choice of law clause compels the "logical conclusion" that the parties "intended that law to apply to all disputes arising out of the transaction or relationship"
  9. Comedy Club, Inc. v. Improv West Associates

    553 F.3d 1277 (9th Cir. 2009)   Cited 217 times   6 Legal Analyses
    Holding that manifest disregard survives as “shorthand for ... 9 U.S.C. § 10, which states that the court may vacate ‘where the arbitrators exceeded their powers' ”
  10. Collins v. Horton

    505 F.3d 874 (9th Cir. 2007)   Cited 155 times   1 Legal Analyses
    Finding there to be no manifest error where there was no binding precedent on point
  11. Section 10 - Same; vacation; grounds; rehearing

    9 U.S.C. § 10   Cited 4,719 times   86 Legal Analyses
    Vacating arbitration award appropriate " where the award was procured by corruption, fraud, or undue means; where there was evident partiality or corruption in the arbitrators, or either of them; where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."
  12. Section 16600 - Void contracts

    Cal. Bus. and Prof'l. Code § 16600   Cited 452 times   130 Legal Analyses
    Voiding any contract that restrains anyone from engaging in a lawful profession, trade, or business
  13. Section 2804 - Contract waiving benefits of article null and void

    Cal. Lab. Code § 2804   Cited 68 times
    Providing that any agreement made by an employee to waive his or her right to expense reimbursement is and void
  14. Section 5000 - Generally

    Cal. Lab. Code § 5000   Cited 19 times

    No contract, rule, or regulation shall exempt the employer from liability for the compensation fixed by this division, but nothing in this division shall: (a) Impair the right of the parties interested to compromise, subject to the provisions herein contained, any liability which is claimed to exist under this division on account of injury or death. (b) Confer upon the dependents of any injured employee any interest which the employee may not release by compromise or for which he, or his estate is

  15. Section 40.1-62 - Employer Not to Require Payment of Union Dues, Etc

    Va. Code § 40.1-62   Cited 8 times
    Prohibiting employers from conditioning employment upon employee's payment of dues, fees, or other charges to a labor organization
  16. Section 7311 - Additional applicability

    15 U.S.C. § 7311   Cited 1 times

    The authorities and restrictions applicable under this chapter to the Director and to Teams shall apply to the activities of the National Institute of Standards and Technology in response to the attacks of September 11, 2001. 15 U.S.C. § 7311 Pub. L. 107-231, §12, Oct. 1, 2002, 116 Stat. 1476. REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107-231, 116 Stat. 1471, known as the National Construction Safety Team Act, which is classified principally