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G&K, P.A. v. Willett

No. CV12-0373-PHX-DGC (D. Ariz. Apr. 24, 2012)
G&K, P.A. v. Willett

2 Citing cases

  1. Jackson v. Aliera Cos.

    Case No.: 19-cv-01281-BJR (W.D. Wash. Aug. 18, 2020)   Cited 4 times
    Rejecting waiver argument and noting that courts in this circuit have held that a party cannot move to compel putative class members to arbitration prior to class certification

    Thus, Plaintiffs' challenge to the arbitration clause is the same challenge to AlieraCare as a whole and must be decided by the arbitrator. Bridge Fund, 622 F.3d at 1001-02; see also G&K, P.A. v. Willett, 2012 WL 1438474, *5 (D. Ariz. April 25, 2012) ("Yakima does not present a basis for invalidating the arbitration clause that is 'independent of any reasons the remainder of the contract might be invalid' or 'an entirely distinct issue from the contract claims in the case ... [a]s a result, Yakima's challenge to the arbitration clause must be decided by the arbitrator.") (quoting Bridge Fund, 622 F.3d at 1001-02). B. Whether Defendants Waived Their Right to Compel the Perrins to Arbitration

  2. Longnecker v. Am. Express Co.

    23 F. Supp. 3d 1099 (D. Ariz. 2014)   Cited 24 times
    Concluding that an arbitration agreement giving the employer the sole right to modify or terminate the agreement was not substantively unconscionable when the employer had not used the unilateral modification clause and the plaintiffs were faced with the exact terms to which they originally agreed

    “The [Federal Arbitration Act] ‘leaves no place for the exercise of discretion by a district court, but instead mandates that district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed.’ ” G & K, P.A. v. Willett, Case No. CV12–0373–PHX–DGC, 2012 WL 1438474, at *2 (D.Ariz. April 25, 2012) (quoting Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985)). “ ‘The court's role under the Act is therefore limited to determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue.’ ”