explicit arbitration clause (California) · Go Syfert
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explicit arbitration clause in California

7 California opinions name it 1 courts 2000–2023 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
cluster 786719green
ca4 · 2004 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013In the collective bargaining context, the parties “must be particularly clear” about their intent to arbitrate statutory discrimination claims.’ [Citation.] A waiver in a collective bargaining agreement is sufficiently clear if it is found in an explicit arbitration clause. ‘Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.’ [Citation.] A waiver in a collective bargaining agreement may also be suffi

11
Peabody Holding Co. v. United Mine Workers of Americagreen
ca4 · 2012 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013In the collective bargaining context, the parties “must be particularly clear” about their intent to arbitrate statutory discrimination claims.’ [Citation.] A waiver in a collective bargaining agreement is sufficiently clear if it is found in an explicit arbitration clause. ‘Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.’ [Citation.] A waiver in a collective bargaining agreement may also be suffi

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Vasquez v. Superior Court green
calctapp · 2000
2 sentences

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

2021In the collective bargaining context, the parties “must be particularly clear” about their intent to arbitrate statutory . . . claims.’ (Carson v. Giant Food, Inc. (4th Cir. 1999) 175 F.3d 325 , 331.) A waiver in a collective bargaining agreement is sufficiently clear if it is found in an explicit arbitration clause. ‘Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.’ (Carson, at p. 331.)” ( Vasquez

52017–2023
Carson v. Giant Food, Inc. green
ca4 · 1999
2 sentences

2021In the collective bargaining context, the parties “must be particularly clear” about their intent to arbitrate statutory . . . claims.’ (Carson v. Giant Food, Inc. (4th Cir. 1999) 175 F.3d 325 , 331.) A waiver in a collective bargaining agreement is sufficiently clear if it is found in an explicit arbitration clause. ‘Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.’ (Carson, at p. 331.)” ( Vasquez

2021In the collective bargaining context, the parties “must be particularly clear” about their intent to arbitrate statutory . . . claims.’ (Carson v. Giant Food, Inc. (4th Cir. 1999) 175 F.3d 325 , 331.) A waiver in a collective bargaining agreement is sufficiently clear if it is found in an explicit arbitration clause. ‘Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.’ (Carson, at p. 331.)” ( Vasquez

32000–2021
Cortez v. Doty Bros. Equip. Co. green
calctapp · 2017
1 sentence

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

12023–2023
14 Penn Plaza LLC v. Pyett green
scotus · 2009
1 sentence

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

12023–2023
Vasserman v. Henry Mayo Newhall Memorial Hospital green
calctapp · 2017
2 sentences

2023“Under this approach, the [collective bargaining agreement] must contain a clear and unmistakable provision under which the employees agree to submit to arbitration all [state and federal statutory] causes of action arising out of their employment.” ’ ” ( Vasserman, supra, at pp. 246-247 , quoting Vasquez, supra, at p. 435 .) Applying those standards here, the question is whether the arbitration provisions include an explicitly stated, clear and unmistakable intent to waive the right to a judicial forum for the specific statutory causes of action Tielemans has alleged.

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

12023–2023
Wright v. Universal Maritime Service Corp. green
scotus · 1999
2 sentences

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

2023A “waiver of the right to prosecute a statutory violation in a judicial forum is only effective if it is explicit, ‘ “clear and unmistakable.” ’ ” (Cortez, supra, 15 Cal.App.5th at p. 12 , quoting Penn Plaza, supra, 556 U.S. at p. 254 ; Wright, supra, 525 U.S. at p. 80 .) “[I]n determining whether there has been a sufficiently explicit waiver, courts look to the generality of the arbitration clause, explicit incorporation of statutory requirements, and 13 the inclusion of specific contractual provisions.” (Vasserman, supra, 8 Cal.App.5th at p. 246 , citing Vasquez v. Superior Court (2000) 80 C

12023–2023

Statutes the citing opinions construe

USC § 29u.s.c.151 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 7 (2000–2023) WA 3 (2001–2026) ID 2 (2010–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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