§Why CasetextPricing

Behrens et al v. JP Morgan Chase Bank N. A. et al

MEMORANDUM OF LAW in Support re: 87 MOTION to Stay Plaintiffs' Amended Complaint Pending Arbitration. . Document

33 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,753 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,902 times   47 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  3. First Options of Chi., Inc. v. Kaplan

    514 U.S. 938 (1995)   Cited 5,344 times   47 Legal Analyses
    Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."

  4. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,366 times   23 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

  5. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,235 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  6. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,024 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration

  7. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,317 times   20 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  8. Arthur Andersen LLP v. Carlisle

    556 U.S. 624 (2009)   Cited 1,066 times   18 Legal Analyses
    Holding that the FAA "creates substantive federal law ... requiring courts to place [arbitration] agreements upon the same footing as other contracts," but that nothing in the FAA "purports to alter background principles of state contract law regarding the scope of [arbitration] agreements"

  9. KPMG LLP v. Cocchi

    565 U.S. 18 (2011)   Cited 222 times   5 Legal Analyses
    Holding that the FAA has been “interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation”

  10. Katz v. Cellco P'ship

    794 F.3d 341 (2d Cir. 2015)   Cited 428 times   7 Legal Analyses
    Holding that district courts lack discretion to dismiss, rather than stay, an action when all claims are referred to arbitration and a stay requested by any party

  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,874 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  12. Section 408 - Individual retirement accounts

    26 U.S.C. § 408   Cited 837 times   78 Legal Analyses
    Stating that, although IRAs are generally exempt from income taxation, they are "subject to the taxes imposed by section 511"

  13. Section 1.408-2 - Individual retirement accounts

    26 C.F.R. § 1.408-2   Cited 39 times
    Providing that "trustee" of an IRA may be a person other than a bank if the requirements of paragraph (e) to (e) of are satisfied