Case Citator › George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354

George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Ninth Circuit
Citation
722 F.2d 1471
Decided
Confirmed treatments
1
Flagged citations read
38 of 38
Citing cases (total)
38
Treatment dates
2020
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. A California appellate court declined to follow George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354 on how parties delegate arbitrability to an arbitrator. All 38 flagged citations have been read.
More on how this was screened

The one confirmed treatment is listed below; the citing opinion was unpublished.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

38 later cases cite George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The court rejected George Day's analysis of implied consent to arbitrate arbitrability and required clear and unmistakable evidence that the parties delegated that question.

    Green Gate Services, LLC v. Koetting · California Court of Appeal, First Appellate District, Division Three (unpublished) · filed

    Rather than follow George Day’s dated analysis, we shall adhere to the high court’s dual admonitions that arbitrability is an issue for the trial court to decide unless clear and unmistakable evidence shows the parties’ delegation of the issue to the arbitrator, and that silence and ambiguity cannot commit the question of arbitrability to an arbitrator.
    Read the full opinion on CourtListener →

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