Legal Opinion
Mastick v. TD Ameritrade, Inc.
California Court of Appeal
Decided October 9, 2012No. B237475PublishedCited by 20 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
When federal and state laws involve the same subject, their provisions may conflict. The doctrine of federal preemption may resolve the conflict. To resolve such a conflict here, we must answer the question: Does federal or state law apply? We answer with the common exasperating response often heard from judges and lawyers. It all depends.
In these related appeals, the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) conflicts with the California Arbitration Act (CAA) (Code Civ. Proc., § 1280 et seq.)1 in one case but not the other. Why? As we will explain ... it all…
2Cases cited14 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Citizens of Humanity v. Applied Underwriters, Inc., California Court of Appeal, 5th District2017
- Gloster v. Sonic Automotive, Inc.California Court of Appeal · 2014
- Sonic-Calabasas A, Inc. v. MorenoCalifornia Supreme Court · 2013
- L. A. Unified Sch. Dist. v. Safety Nat'l Cas. Corp., California Court of Appeal, 5th District2017
- Bravo v. Radc Enters., Inc., California Court of Appeal, 5th District2019
15 more not listed; retrieve them via the Exa API.