33 Cited authorities

Moses H. Cone Hosp. v. Mercury Constr. Corp.
460 U.S. 1 (1983) Cited 12,170 times 49 Legal Analyses
Holding that the FAA is "a congressional declaration of a liberal federal policy favoring arbitration"
Buckeye Check Cashing v. Cardegna
546 U.S. 440 (2006) Cited 2,058 times 34 Legal Analyses
Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable
Mitsubishi Motors v. Soler Chrysler-Plymouth
473 U.S. 614 (1985) Cited 4,307 times 44 Legal Analyses
Holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function"
Dean Witter Reynolds Inc. v. Byrd
470 U.S. 213 (1985) Cited 3,409 times 21 Legal Analyses
Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court
Doctor's Assocs., Inc. v. Casarotto
517 U.S. 681 (1996) Cited 1,903 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."
Allied-Bruce Terminix Cos. v. Dobson
513 U.S. 265 (1995) Cited 1,630 times 13 Legal Analyses
Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"
Shearson/Am. Express Inc. v. McMahon
482 U.S. 220 (1987) Cited 1,817 times 18 Legal Analyses
Holding RICO claims arbitrable and citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 636-37, 105 S.Ct. 3346, 87 L.Ed.2d 444 (holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function")
R. De Quijas v. Shearson/American Express, Inc.
490 U.S. 477 (1989) Cited 1,555 times 28 Legal Analyses
Holding that if Supreme Court precedent has direct application to case, "the Court of Appeals should follow the case which directly controls, leaving to th[e Supreme] Court the prerogative of overruling its own decisions"
Southland Corp. v. Keating
465 U.S. 1 (1984) Cited 1,890 times 22 Legal Analyses
Holding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"
Perry v. Thomas
482 U.S. 483 (1987) Cited 1,351 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
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 114,964 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 100,267 times 139 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,158 times 16 Legal Analyses
Providing for service via CM/ECF Systems
Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate
9 U.S.C. § 2 Cited 11,249 times 120 Legal Analyses
Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
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 6,599 times 33 Legal Analyses
Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

Sussex et al v. Turnberry/MGM Grand Towers, LLC et al

33 Cited authorities

Holding that the FAA is "a congressional declaration of a liberal federal policy favoring arbitration"

Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

Holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function"

Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

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."

Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"

Holding that if Supreme Court precedent has direct application to case, "the Court of Appeals should follow the case which directly controls, leaving to th[e Supreme] Court the prerogative of overruling its own decisions"

Holding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"

Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Providing for service via CM/ECF Systems

Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

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