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Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract defenses ...
Laws applied Federal Arbitration Act Southwest Airlines Co. v. Saxon , 596 U.S. ___ (2022), [ 1 ] was a United States Supreme Court case related to the scope of the Federal Arbitration Act , in which the Court unanimously held that cargo loaders and ramp supervisors employed at airports are exempt from the Federal Arbitration Act.
Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States on how two federal laws, the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA), relate to whether employment contracts can legally bar employees from collective arbitration.
A case-by-case analysis is required to determine whether a specific California law is preempted. In general, where the FAA has no procedural provisions applicable in state court, there is no preemption. [6] A number of Supreme Court cases have dealt with the preemption of state laws by the Federal Arbitration Act:
In some cases, companies are using infinite arbitration clauses, which can extend to individuals beyond the original contractual parties, requiring all disputes to be settled out of the courtroom ...
They include Wolfson’s law firm, whose clients in a different case lost a key ruling in February when the 9th U.S. Circuit Court of Appeals deemed Ticketmaster’s arbitration clause valid under ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
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