§Why CasetextPricing

Rita Cusimano,, et al., Respondents,v.Andrew V. Schnurr, CPA, et al., Appellants. Bernard V. Strianese, et al., Intervenors-Appellants.

Brief

36 Cited authorities

  1. 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"

  2. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,510 times   27 Legal Analyses
    Holding that compliance with a time-limit on the initiation of arbitration was not a gateway "question of arbitrability" that was reserved for the courts as it was procedural rather than substantive

  3. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,201 times   15 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

  4. Allied-Bruce Terminix Cos. v. Dobson

    513 U.S. 265 (1995)   Cited 1,602 times   12 Legal Analyses
    Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"

  5. Prima Paint Corp. v. Flood & Conklin Mfg. Co.

    388 U.S. 395 (1967)   Cited 2,945 times   21 Legal Analyses
    Holding that courts are the proper forum to evaluate a challenge to the validity of an arbitration clause, but that where the entire agreement of which an arbitration clause is but a part is challenged, such evaluation is properly left to the arbitrator

  6. Scherk v. Alberto-Culver Co.

    417 U.S. 506 (1974)   Cited 1,571 times   6 Legal Analyses
    Holding Securities Exchange Act claim arbitrable

  7. Citizens Bank v. Alafabco, Inc.

    539 U.S. 52 (2003)   Cited 490 times   3 Legal Analyses
    Holding the FAA applies to all transactions "affecting commerce-words of art that ordinarily signal the broadest permissible exercise of Congress' Commerce Clause power"

  8. Flores v. Lower E. Side Serv

    4 N.Y.3d 363 (N.Y. 2005)   Cited 304 times   1 Legal Analyses
    Holding that an "unsigned contract may be enforceable"

  9. Doctor's Assocs., Inc. v. Distajo

    107 F.3d 126 (2d Cir. 1997)   Cited 374 times
    Holding that a bond was not required where there was no proof of likelihood of harm

  10. Cotton v. Slone

    4 F.3d 176 (2d Cir. 1993)   Cited 386 times
    Holding that party having failed to seek interlocutory appeal under 9 U.S.C. § 16 from denial of motion to compel arbitration could not raise issue after actively litigating claim — including filing of motions and taking of at least two depositions — and losing on the merits

  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"