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Ninth Circuit· 7/23/2008

Cox v. Ocean View Hotel Corp.

Citations

  • 533 F.3d 1114
  • 2008 U.S. App. LEXIS 15574
  • 91 Empl. Prac. Dec. (CCH) 43,272
  • 103 Fair Empl. Prac. Cas. (BNA) 1560
  • 2008 WL 2813057

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • a motion to compel arbitration is the “functional equivalent” of a motion for summary judgment
  • employee failed to make proper demand for arbitration under agreement incorporating AAA Rules, such that employer’s refusal to arbitrate was not a breach of arbitration agreement under FAA
  • a court’s involvement is 9 generally limited to determining two so-called “gateway” questions of arbitrability: “(1) whether 10 a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the 11 dispute at issue”
  • describing the two categories of disputes
  • fourth and fifth waiver factors

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Tashima, Smith

Read full opinion on CourtListener

Cited by

54 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Cox v. Ocean View Hotel Corp.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.