separability doctrine
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 388 U.S. 395 - Prima Paint Corp. v. Flood & Conklin Mfg. Co. · 1967Most cited · 5,090 citing opinions
arbitration clause
Arbitration clauses as a matter of federal law are 'separable' from the contracts in which they are embedded, and where no claim is made that fraud was directed to the arbitration clause itself, a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud. If the claim is fraud in the inducement of the arbitration clause itself—an issue which goes to the 'making' of the agreement to arbitrate—the federal court may proceed to adjudicate it.
How often courts cite the case defining “separability doctrine”
Court decisions citing the opinion that defined “separability doctrine” — 5,057 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.