Cali v. Japan Airlines Co.

How later courts describe this case

• holding that, under an arbitration clause which read, "any controversy ... arising under this Agreement," no "provision of the contract [was] wholly outside of the arbitration provision"
• finding that prior ruling does not relieve a district court of its obligation to present the Court of Appeals with what it believes to be a correct judgment
• court deemed issue inappropriate for review because of absence of legal authorities cited in support of conclusory argument and lack of factual basis in record
• "In the absence of language withdrawing this provision [for correcting gross inequities] from the arbitration requirement it is the duty of the court to resolve any doubts in favor of arbitration."
• remand proper where district court fails to consider Kerr factors
• while defendants assumed the risk that a judgment in their favor would not protect them from subsequent suits by other potential class members, they retained the “not inconse quential protection of stare decisis regarding claims of unnamed plaintiffs”
• by moving for summary judgment prior to the class determination and the sending out of class notice, the defendants “assumed the risk that a judgment in their favor would not protect them from subsequent suits by other potential class members.”
• “Federal Wiretap Act,” 18 U.S.C. § 2520