Skip to content
Back to judgment

Citation network

Southland Corp. Vs. Keating

Cites for this judgment

  • US Supreme Court
  • Jan 23, 1984

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

79 entries 3 linked 76 unlinked
Show
  1. Cox Broadcasting Corp. Vs. Cohn US Supreme Court · Mar 03, 1975
  2. Wilko Vs. Swan US Supreme Court · Dec 07, 1953
  3. Swift Vs. Tyson US Supreme Court · Jan 01, 1842
  4. U.S. 1 (1984) U.S. Supreme Court Southland Corp. v. Keating
    Search
  5. U.S. 1 (1984) Southland Corp. v. Keating
    Search
  6. of the California statute. Cox Broadcasting Corp. v. Cohn
    Search
  7. a body of federal substantive law that is applicable in both state and federal courts. Moses H. Cone Memorial Hospital v. Mercury
    Search
  8. the trial court's refusal to compel arbitration of appellees' claims under the Franchise Investment Law. Keating v. Superior
    Search
  9. by a vote of 4-2, reversed the ruling that claims asserted under the Franchise Investment Law are arbitrable. Keating v. Superior
    Search
  10. Under Cox Broadcasting Corp. v. Cohn
    Search
  11. Moses H. Cone Memorial Hospital v. Mercury
    Search
  12. litigation, one of the very risks the parties, by contracting for arbitration, sought to eliminate. In The Bremen v. Zapata
    Search
  13. See Bailey v. Anderson
    Search
  14. Act rests on the authority of Congress to enact substantive rules under the Commerce Clause. In Prima Paint Corp. v. Flood
    Search
  15. At least since 1824, Congress' authority under the Commerce Clause has been held plenary. Gibbons v. Ogden
    Search
  16. as well as federal courts. Prima Paint, supra, at 388 U. S. 420 . In Moses H. Cone Memorial Hospital v. Mercury
    Search
  17. a broad reach of the Act, unencumbered by state law constraints. As was stated in Metro Industrial Painting Corp. v. Terminal
    Search
  18. proceedings by federal courts. 31 Cal.3d at 611-612, 645 P.2d at 1208. E.g., Compania Espanola de Petroleo, S. A. v. Nereus
    Search
  19. or otherwise. Moses H. Cone Memorial Hospital v. Mercury
    Search
  20. Kruss Bros. Lumber Co. v. Louis
    Search
  21. The California Supreme Court justified its holding by reference to our conclusion in Wilko v. Swan
    Search
  22. law will not be deemed preempted by a federal statute unless that was the clear and manifest purpose of Congress. Ray v. Atlantic
    Search
  23. Metro Industrial Painting Corp. v. Terminal
    Search
  24. it would appear that the judiciary must fashion the limitations as a matter of federal common law. Cf. Textile Workers v. Lincoln
    Search
  25. Prima Paint Corp. v. Flood
    Search
  26. of the decisions of the States to exert police powers as they deem best for the welfare of their citizens. Cf. Wallis v. Pan
    Search
  27. Wilson v. Omaha
    Search
  28. United States v. Kimbell
    Search
  29. Clearfield Trust Co. v. United
    Search
  30. see, e.g., Comprehensive Merchandising Catalogs, Page 465 U. S. 20 Inc. v. Madison
    Search
  31. in certain contexts could be reconciled with the general policy favoring enforcement of arbitration agreements. Wilko v. Swan
    Search
  32. of the relationship between the parties to the agreement, and the purpose of the regulatory scheme. See, e.g., Scherk v. Alberto-Culver
    Search
  33. valid Page 465 U. S. 21 irrespective of their purpose or effect. See generally Paramount Famous Lasky Corp. v. United
    Search
  34. Act. A state policy excluding wage claims from arbitration, cf. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ware
    Search
  35. presented here is the result of three subsequent decisions of this Court. In 1938, this Court decided Erie R. Co. v. Tompkins
    Search
  36. virtue of the Art. III power to control federal court jurisdiction. Eighteen years later, the Court decided Bernhardt v. Polygraphic
    Search
  37. In Prima Paint Corp. v. Flood
    Search
  38. the FAA applies to state court proceedings. One statement on the subject did appear in Moses H. Cone Memorial Hospital v. Mercury
    Search
  39. Brown v. Western
    Search
  40. enforcement. At common law, many jurisdictions were hostile to arbitration agreements. Kulukundis Shipping Co. v. Amtorg
    Search
  41. Minneapolis & St. Louis R. Co. v. Bombolis
    Search
  42. what procedures it will follow to vindicate the newly articulated federal rights. Cf. Missouri ex rel. Southern R. Co. v. Mayfield
    Search
  43. and promptly secure a federal court order to compel arbitration. See, e.g., Moses H. Cone Memorial Hospital v. Mercury
    Search
  44. the FAA was passed specifically to rectify forum-shopping problems created by this Court's decision in Swift v. Tyson
    Search
  45. that does not withstand scrutiny. The Court ignores the drafters' carefully devised plan for dealing with those problems. v. Today's
    Search
  46. decision adds yet another chapter to the FAA's already colorful history. In 1842, this Court's ruling in Swift v. Tyson
    Search
  47. the intent was to create uniform law binding only in the federal courts. In Erie R. Co. v. Tompkins
    Search
  48. Two Circuits had previously addressed the problem. Robert Lawrence Co. v. Devonshire
    Search
  49. American Airlines, Inc. v. Louisville
    Search
  50. after which the FAA was patterned, had been upheld against constitutional attack the previous year in Red Cross Line v. Atlantic
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial