32 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,962 times   605 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 1,720 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived
  3. Arthur Andersen LLP v. Carlisle

    556 U.S. 624 (2009)   Cited 1,132 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"
  4. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,169 times   164 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
  5. Green Tree Fin. Corp. v. Bazzle

    539 U.S. 444 (2003)   Cited 688 times   34 Legal Analyses
    Holding that "gateway matters," such as the scope of an arbitration provision, should be determined by courts and not arbitrators
  6. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,833 times   46 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  7. Little v. Auto Stiegler, Inc.

    29 Cal.4th 1064 (Cal. 2003)   Cited 401 times   3 Legal Analyses
    Holding "procedural element" established where employer had "imposed on [employee] an adhesive arbitration agreement"; observing "few employees are in a position to refuse a job because of an arbitration requirement"
  8. Stirlen v. Supercuts, Inc.

    51 Cal.App.4th 1519 (Cal. Ct. App. 1997)   Cited 334 times   3 Legal Analyses
    Holding that the element of procedural unconscionability is established where the challenged clause is part of a contract of adhesion
  9. Jock v. Sterling Jewelers Inc.

    646 F.3d 113 (2d Cir. 2011)   Cited 198 times   10 Legal Analyses
    Holding that an arbitrator did not exceed her powers by ruling that class arbitration was allowed under an agreement lacking an express class provision
  10. Goldman v. KPMG LLP

    173 Cal.App.4th 209 (Cal. Ct. App. 2009)   Cited 184 times   1 Legal Analyses
    Holding that plaintiff signatories were not equitably estopped from refusing to arbitrate under the terms of an agreement because their "allegations depend solely on the actions of [defendant nonsignatories], not on the terms of the operating agreements, for their success."
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,209 times   1254 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. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 11,320 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  13. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 790 times   4 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts
  14. Section 1654 - Interpretation against party causing uncertainty

    Cal. Civ. Code § 1654   Cited 680 times   2 Legal Analyses
    Codifying the doctrine of contra proferentem
  15. Section 1102.6b - Good faith effort to obtain disclosure notice concerning special tax or assessments

    Cal. Civ. Code § 1102.6b

    (a) This section applies to all sales of real property for which all of the following apply: (1) The sale is subject to this article. (2) The property being sold is subject to a continuing lien securing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), to a fixed lien assessment collected in installments to secure bonds issued pursuant to the Improvement Bond Act of