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AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. [1] [2] On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of ...
Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 (1983) Federal Arbitration Act (FAA) enacted a strong national policy favoring arbitration, therefore doubts about its applicability are to be resolved in favor of arbitration. Southland Corp. v. Keating, 465 U.S. 1 (1984): FAA preempts state law.
Discover Bank v. Superior Court (30 Cal.Rptr.3d 76) is a 2005 case where the California Supreme Court ruled that an arbitration clause was unenforceable because a class-action waiver contained within it would exculpate Discover Bank from liability for wrongdoing involving small sums of damages.
They are less a contractual provision and more a kind of arbitration servitude," David Horton, a professor at the University of California, Davis, School of Law, wrote in the University of ...
Then, in Bernhardt, the court found that at least in diversity cases state law was controlling on arbitration clauses. Prima Paint, in her view, resolved concerns that Bernhardt problematized the FAA's constitutionality in such cases, but carefully avoided the question of whether it could be applied to state courts as well. [17]
The 1984 term brought another arbitration case resting on Cone, Dean Witter Reynolds Inc. v. Byrd. A Southern California dentist had brought federal and state securities fraud claims against the brokerage. The trial court denied the defense motion to arbitrate the state-law claims, and the Ninth Circuit upheld since the two actions were based ...
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
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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related to: cases resolved by arbitration law in california