§Why CasetextPricing

Abrams et al v. Chesapeake Energy Corporation et al

REPLY BRIEF re MOTION to Dismiss Seventh, Eighth, and Ninth Causes of Action in Pls' Am Compl, to Compel Arbitration of First, Second and Third Causes of Action in Pls' Am Compl, and to Stay Any Claims that Are Not Dismissed Pending Arbitration

208 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,292 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,073 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,756 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"

  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,775 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,359 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  6. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,148 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  7. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,810 times   11 Legal Analyses
    Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

  8. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,149 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  9. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,780 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

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

    460 U.S. 1 (1983)   Cited 11,946 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"

  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 347,506 times   923 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 329,526 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,825 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,985 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  15. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,425 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  16. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,025 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

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

    9 U.S.C. § 1   Cited 11,903 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

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

    9 U.S.C. § 2   Cited 10,934 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  19. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,041 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

  20. Section 2601 - Findings and purposes

    29 U.S.C. § 2601   Cited 7,657 times   39 Legal Analyses
    Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods