Cases

Question 1

Erie RR v Thompkins

Answer 1

In cases of diversity jurisdiction, federal court is to apply state law. Does FAA dislodge application of state statute or decisional law?

Question 2

Bernhardt v Polygraph

Answer 2

SC took Erie-sensitive position, holding that FAA was federal procedural enactment. Read § 3 narrowly.

Question 3

Robert Lawrence v Devonshire

Answer 3

2nd Cir. declared that FAA represented enactment of federal substantive law and was applicable to state and federal courts while being controlling in diversity cases.

Question 4

Prima Paint v Flood/Conklin

Answer 4

1) separability

2) interstate commerce exists liberally

Question 5

“Arbitrators should not be allowed to arbitrate legal issues”

Answer 5

J. Black dissent, Prima Paint

Question 6

Citizens Bank v Alafabco

Answer 6

Wide and expansive view of interstate commerce

Question 7

Moses Cone Memorial v Mercury

Answer 7

Court no longer questions whether FAA is procedural or substantive & recognizes that FAA is vehicle for creation of new federal rights.

Question 8

Vaden v Discover

Answer 8

Applied “look-through” doctrine to compel arbitration to the underlying dispute to find SMJ

Question 9

Southland v Keating

Answer 9

FAA is controlling law on arbitration, state legislatures must respect the FAA and not conflict

Question 10

Dean Reynolds v Byrd

Answer 10

Courts should direct parties to arbitration on issues to which arbitration agreement has been signed

Question 11

Intertwining Doctrine

Answer 11

Reynolds v Byrd; when fed claims are brought w/ state claims that have arbitration clause, claims are intertwined and federal courts have jx

Question 12

Volt v Board of Trustees

Answer 12

Emphasis moved from protecting contractual right to arbitrate to enforcement of stipulated obligations (party autonomy)

Question 13

Allied-Bruce Terminix v Dobson

Answer 13

FAA protection applied whenever federal law reached and pre-empts state law

Question 14

“FAA is an edifice of the Court’s own creation”

Answer 14

J. O’Connor dissent, Allied Bruce Terminix

Question 15

Drs. Assocs. v. Casarotto

Answer 15

confirms strength of federalization; state laws cannot single out arbitration agreements for discriminating treatment (RBG)

Question 16

Buckeye Check Cashing

Answer 16

Separability; allows challenges to main contract to be decided by arbitrator

Question 17

Preston v Ferrer

Answer 17

When party agrees to arbitrate, state laws lodging primary jurisdiction are superseded by the FAA

Question 18

Mastrobuono v Sherson

Answer 18

• Contradicts reasoning in Volt
• Party choice as to state law only respected when choice of law fosters recourse to arbitration or when parties have expressly recognized state law contains restriction and expressly agree that restriction is applicable

Question 19

First Options v Kaplan

Answer 19

-Courts have primary authority to resolve arbitrability question (standard of review)

Question 20

Rent a Center

Answer 20

Court decides whether Kaplan delegation clause is a good contract or not (Scalia)

Question 21

Kyocera v Prudential

Answer 21

Parties don’t have the right to include judicial review in agreement

Question 22

Hall Street

Answer 22

Manifest disregard could be shorthand for “guilty of misconduct” or “exceeded their powers”

Question 23

BG Group v Argentina

Answer 23

Arbitrators have the right to interpret the parties’ agreements

Question 24

Howsam v Dean Reynolds

Answer 24

Procedural questions belong to the arbitrator

Question 25

Green Tree v Bazzle

Answer 25

• extended reach of arbitrators discretion
• limited role of courts
• enhanced systematic autonomy of arbitration

Question 26

Stolt Nielson v Animal Feeds

Answer 26

anti-arbitration case, vacated arbitral award after going into merits review (Sutter)

Question 27

In re Statewide Realty Co

Answer 27

Recourse to arbitration in bankruptcy context can be defeated by express party agreement

Question 28

Mintze v American General

Answer 28

Recourse to arbitration disallowed only if it jeopardizes objectives of bankruptcy code

Question 29

MBNA Bank v Hills

Answer 29

Bankruptcy court must enforce arbitration

Question 30

Mitsubishi

Answer 30

• Anti-trust dispute was arbitral

- International courts are ineffective

Question 31

Mouton v Metropolitan Life Ins.

Answer 31

Any doubts concerning scope of arbitrable issues should be resolved in favor of arbitration, Title VII arbitrable

Question 32

14 Penn Plaza

Answer 32

Title VII arbitrable

Question 33

Randolph v Green Tree

Answer 33

Truth in lending claim inarbitrable

Question 34

McGarran Ferguson Act

Answer 34

Insurance contracts can involve interstate commerce and include arbitration agreements

Question 35

Wilko v Swan

Answer 35

Arbitration agreement violated the 1933 Securities Act (Jackson concurrence–post dispute arbitration should be allowed)

Question 36

Shearson v McMahon

Answer 36

Claims under exchange act and RICO statute could be submitted to arbitration

Question 37

Rodriguez v Shearson

Answer 37

Claims under Securities Act are arbitrable, overruling Wilko

Question 38

Aames v Sharpe

Answer 38

carve out exception, the fact that lender retains option to litigate while borrower must litigate all claims does not make arbitration unenforceable

Question 39

AT&T v Concepcion

Answer 39

Class action waivers are lawful part of bargaining power and California Bank Rule is preempted by FAA

Question 40

Alexander v Gardner-Denver

Answer 40

Employee can either participate in arbitration and then file suit, or take Title VII claim directly to court

Question 41

Gilmer v Interstate

Answer 41

• mere inequality of bargaining power not enough

- age discrimination arbitrable

Question 42

Remmy v Painwebber

Answer 42

Judicial review must be limited

Question 43

Rodriguez v Prudential

Answer 43

errors made re: application of the law are not proper basis for vacatur of arbitral awards

Question 44

Halligan v Piper

Answer 44

Manifest disregard more flexible; can include possible disregard of evidence presented during proceedings

Question 45

Halligan v Piper

Answer 45

Manifest disregard more flexible; can include possible disregard of evidence presented during proceedings

Question 46

Wallace v Buttar

Answer 46

manifest disregard unavailable if a barely colorable justification for result can be found

Question 47

Hall Street Assocs. v Mattel

Answer 47

Manifest disregard is just a phrase referring to the FAA 10(a)(3) and (4)