§Why CasetextPricing

Abrams et al v. Chesapeake Energy Corporation et al

BRIEF IN SUPPORT of Motion to Compel Arbitration and Stay re MOTION to Compel Arbitration and Stay

84 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,933 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,556 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

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

    460 U.S. 1 (1983)   Cited 11,953 times   49 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"

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

    514 U.S. 938 (1995)   Cited 5,387 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."

  5. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,149 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  6. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,517 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

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

    475 U.S. 643 (1986)   Cited 5,392 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

  8. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,992 times   34 Legal Analyses
    Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

  9. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,243 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  10. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,866 times   13 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,976 times   926 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,772 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,915 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

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

    9 U.S.C. § 2   Cited 10,944 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  16. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,102 times   34 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  17. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,378 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  18. Section 9 - Award of arbitrators; confirmation; jurisdiction; procedure

    9 U.S.C. § 9   Cited 3,567 times   22 Legal Analyses
    Providing that a court considering a motion to confirm "must grant" confirmation "unless the award is vacated ... as prescribed in"

  19. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,926 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"