PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........FAA Preemption
11 Cards On This Topic:

CA's Discover Bank rule is preempted by the FAA, which prohibits States from conditioning the enforceability of arbitration agreements on availability of classwide arbitration procedures.

CA Court of Appeal must enforce DIRECTV's arbitration agreement where Court of Appeal's interpretation of the law did not give due regard to the federal policy favoring arbitration.

As under Concepcion, FAA preempted trial court's invalidation of class waiver for unconscionability, the agreement's poison pill provision was inoperable and Court of Appeal erred under state law in finding the agreement unconscionable.

FAA preempts state-law rule categorically prohibiting waiver of a Berman hearing in a predispute arbitration agreement imposed on an employee as a condition of employment.

Where arbitration clause stated that its enforcement would be governed by the Federal Arbitration Act (FAA), the FAA governed Ds' motion to compel arbitration.

Motion to compel arbitration correctly denied on plaintiff's unpaid wages claim because exception for transportation workers under Federal Arbitration Act applied even where plaintiff himself did not transport goods interstate.

The Ralph Act and Bane Act are preempted by the FAA to the extent they condition the enforceability of arbitration agreements on compliance with special requirements not generally applicable to contracts.

Unopposed declaration by D's in-house counsel alleging facts showing arb. agrmt. affects interstate commerce is enough to prove that the agreement is governed by the FAA.

Although decedent's liposuction was conducted in CA by a state licensed doctor on an in-state patient, there was sufficient nexus with interstate commerce to require enforcement of the arbitration agreements under the FAA.

The FAA does not preempt application of the CAA to arbitration agreement where parties agreed to be governed by CA law, but does preempt when they have not so agreed.

CA law preempted by FAA, making valid and enforceable an arbitration provision evidencing transaction involving commerce; Ds met burden of demonstrating house transaction substantially affected interstate commerce.