8 canonical passages across 5 cases, quoted by 48 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Fatemeh Johnmohammadi v. Bloomingdale's, Inc..
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Fatemeh Johnmohammadi v. Bloomingdale's, Inc. Anchor | green | “all of the 26 claims raised in the action are subject to arbitration” | 6 |
| 2 | Carey Brennan v. Opus Bank | green | “clear and unmistakable evidence” | 6 |
| 3 | Carey Brennan v. Opus Bank | green | “gateway issues can be expressly delegated to the arbitrator where 'the 9 parties clearly and unmistakably” | 6 |
| 4 | Carey Brennan v. Opus Bank | green | “incorporation of the aaa rules constitutes clear and unmistakable evidence that contracting parties agreed to arbitrate arbitrability.” | 6 |
| 5 | David Tompkins v. 23andme, Inc. | green | “the more 5 substantively oppressive the contract term, the less evidence of procedural 6 unconscionability is required to come to the conclusion that the term is unenforceable, 7 and vice versa.” | 6 |
| 6 | United States v. DaSilva | green | “clear and unmistakable evidence of 7 an agreement to arbitrate arbitrability.” | 6 |
| 7 | Daniel Berman v. Freedom Financial Network LLC | green | “a user's click of a button can be construed as an unambiguous manifestation 7 of assent only if the user is explicitly advised that the act of clicking will constitute 8 assent to the terms and conditions of an agreement.” | 6 |
| 8 | Daniel Berman v. Freedom Financial Network LLC | green | “only if: (1) the website provides reasonably conspicuous notice of the terms to 13 which the consumer will be bound; and (2) the consumer takes some action, such as 14 clicking a button or checking a box, that unambiguously manifests his or her assent to 15 those terms.” | 6 |
A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.