Cases Flashcards
Erie RR v Thompkins
In cases of diversity jurisdiction, federal court is to apply state law. Does FAA dislodge application of state statute or decisional law?
Bernhardt v Polygraph
SC took Erie-sensitive position, holding that FAA was federal procedural enactment. Read § 3 narrowly.
Robert Lawrence v Devonshire
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.
Prima Paint v Flood/Conklin
1) separability
2) interstate commerce exists liberally
“Arbitrators should not be allowed to arbitrate legal issues”
J. Black dissent, Prima Paint
Citizens Bank v Alafabco
Wide and expansive view of interstate commerce
Moses Cone Memorial v Mercury
Court no longer questions whether FAA is procedural or substantive & recognizes that FAA is vehicle for creation of new federal rights.
Vaden v Discover
Applied “look-through” doctrine to compel arbitration to the underlying dispute to find SMJ
Southland v Keating
FAA is controlling law on arbitration, state legislatures must respect the FAA and not conflict
Dean Reynolds v Byrd
Courts should direct parties to arbitration on issues to which arbitration agreement has been signed
Intertwining Doctrine
Reynolds v Byrd; when fed claims are brought w/ state claims that have arbitration clause, claims are intertwined and federal courts have jx
Volt v Board of Trustees
Emphasis moved from protecting contractual right to arbitrate to enforcement of stipulated obligations (party autonomy)
Allied-Bruce Terminix v Dobson
FAA protection applied whenever federal law reached and pre-empts state law
“FAA is an edifice of the Court’s own creation”
J. O’Connor dissent, Allied Bruce Terminix
Drs. Assocs. v. Casarotto
confirms strength of federalization; state laws cannot single out arbitration agreements for discriminating treatment (RBG)
Buckeye Check Cashing
Separability; allows challenges to main contract to be decided by arbitrator
Preston v Ferrer
When party agrees to arbitrate, state laws lodging primary jurisdiction are superseded by the FAA
Mastrobuono v Sherson
- 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
First Options v Kaplan
-Courts have primary authority to resolve arbitrability question (standard of review)
Rent a Center
Court decides whether Kaplan delegation clause is a good contract or not (Scalia)
Kyocera v Prudential
Parties don’t have the right to include judicial review in agreement
Hall Street
Manifest disregard could be shorthand for “guilty of misconduct” or “exceeded their powers”
BG Group v Argentina
Arbitrators have the right to interpret the parties’ agreements
Howsam v Dean Reynolds
Procedural questions belong to the arbitrator
Green Tree v Bazzle
- extended reach of arbitrators discretion
- limited role of courts
- enhanced systematic autonomy of arbitration
Stolt Nielson v Animal Feeds
anti-arbitration case, vacated arbitral award after going into merits review (Sutter)
In re Statewide Realty Co
Recourse to arbitration in bankruptcy context can be defeated by express party agreement
Mintze v American General
Recourse to arbitration disallowed only if it jeopardizes objectives of bankruptcy code
MBNA Bank v Hills
Bankruptcy court must enforce arbitration
Mitsubishi
- Anti-trust dispute was arbitral
- International courts are ineffective
Mouton v Metropolitan Life Ins.
Any doubts concerning scope of arbitrable issues should be resolved in favor of arbitration, Title VII arbitrable
14 Penn Plaza
Title VII arbitrable
Randolph v Green Tree
Truth in lending claim inarbitrable
McGarran Ferguson Act
Insurance contracts can involve interstate commerce and include arbitration agreements
Wilko v Swan
Arbitration agreement violated the 1933 Securities Act (Jackson concurrence–post dispute arbitration should be allowed)
Shearson v McMahon
Claims under exchange act and RICO statute could be submitted to arbitration
Rodriguez v Shearson
Claims under Securities Act are arbitrable, overruling Wilko
Aames v Sharpe
carve out exception, the fact that lender retains option to litigate while borrower must litigate all claims does not make arbitration unenforceable
AT&T v Concepcion
Class action waivers are lawful part of bargaining power and California Bank Rule is preempted by FAA
Alexander v Gardner-Denver
Employee can either participate in arbitration and then file suit, or take Title VII claim directly to court
Gilmer v Interstate
- mere inequality of bargaining power not enough
- age discrimination arbitrable
Remmy v Painwebber
Judicial review must be limited
Rodriguez v Prudential
errors made re: application of the law are not proper basis for vacatur of arbitral awards
Halligan v Piper
Manifest disregard more flexible; can include possible disregard of evidence presented during proceedings
Halligan v Piper
Manifest disregard more flexible; can include possible disregard of evidence presented during proceedings
Wallace v Buttar
manifest disregard unavailable if a barely colorable justification for result can be found
Hall Street Assocs. v Mattel
Manifest disregard is just a phrase referring to the FAA 10(a)(3) and (4)
