In re the Recall of Washam

How courts have described this case

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

• holding that district court must perform choice-of-law analysis when parties’ choice of FAA is plausibly ineffective by operation of transportation worker exception
• observing that there is no language in the FAA that “explicitly preempts the enforcement of state arbitration statutes”
• observing that “no binding precedent requires district courts to ignore arbitrability under state law when the applicability of § 1 is uncertain”
• observing that there is no language in the FAA that “explicitly preempts the enforcement of state arbitration statutes”
• observing that “no binding precedent requires district courts to ignore arbitrability under state law when the applicability of § 1 is uncertain”
• establishing a three-part framework for challenges to arbitrability under § 1, requiring a district court first to address whether the § 1 exemption applies before considering the applicability of any alternative state law

Source: CourtListener parenthetical corpus (CC0).