33 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,900 times   602 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,164 times   612 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  3. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 12,141 times   49 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"
  4. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 2,044 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
  5. Kelly v. Robinson

    479 U.S. 36 (1986)   Cited 1,586 times   4 Legal Analyses
    Holding that restitution orders "necessarily consider[] the penal and rehabilitative interests of the State" and that "[t]hose interests are sufficient to place restitution orders within the meaning of § 523"
  6. Dolan v. Postal Service

    546 U.S. 481 (2006)   Cited 663 times   2 Legal Analyses
    Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"
  7. Guidotti v. Legal Helpers Debt Resolution, L.L.C.

    716 F.3d 764 (3d Cir. 2013)   Cited 965 times   4 Legal Analyses
    Holding that Rule 56 standard applies to motion to compel arbitration when opposing party contends that no contract exists
  8. Kirleis v. Dickie

    560 F.3d 156 (3d Cir. 2009)   Cited 575 times
    Holding that "conclusory, self-serving affidavits are insufficient to withstand a motion for summary judgment"
  9. Cen. Inmty. v. Underwriters

    584 F.3d 513 (3d Cir. 2009)   Cited 526 times   7 Legal Analyses
    Holding that "[f]or a court to compel arbitration, it initially must find that there is a valid agreement to arbitrate"
  10. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 205 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,778 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,820 times   1247 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"
  14. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,758 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  15. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 12,156 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  16. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 11,206 times   120 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  17. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 11,194 times   22 Legal Analyses
    Adopting Rule 30(b)
  18. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,088 times   34 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
  19. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,298 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity
  20. Section 21-5C-3 - Maximum hours; overtime compensation

    W. Va. Code § 21-5C-3   Cited 16 times   1 Legal Analyses

    (a) On and after the first day of July, one thousand nine hundred eighty, no employer shall employ any of his employees for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate of not less than one and one-half times the regular rate at which he is employed. (b) As used in this section the "regular rate" at which an employee is employed shall be deemed to include all remuneration for employment paid to,