§Why CasetextPricing

Abrams et al v. Chesapeake Energy Corporation et al

REPLY BRIEF re MOTION to Compel Arbitration of Certain Plaintiffs' Claims, To Dismiss Certain Plaintiffs' Claims in Counts VII, VIII and IX, and To Stay All Remaining Claims jof Certain Plaintiffs' Pending Arbitration

338 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 242,291 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,548 times   41 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"

  4. Scott v. Harris

    550 U.S. 372 (2007)   Cited 12,920 times   11 Legal Analyses
    Holding that a court should reject an account that is "utterly discredited," id. at 380, 127 S.Ct. 1769, by a video when there is no allegation that the video was altered or fails to depict what actually happened

  5. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,974 times   605 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  6. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,552 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  7. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,679 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”

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

    460 U.S. 1 (1983)   Cited 12,262 times   49 Legal Analyses
    Holding that the FAA is "a congressional declaration of a liberal federal policy favoring arbitration"

  9. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,822 times   65 Legal Analyses
    Holding that "an arbitration provision is severable from the remainder of the contract," even where the contract containing the arbitration provision is itself an arbitration agreement (quoting Buckeye , 546 U.S. at 445, 126 S.Ct. 1204 )

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

    514 U.S. 938 (1995)   Cited 5,623 times   48 Legal Analyses
    Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 528,883 times   41 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  12. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  14. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,150 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"

  15. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,857 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  16. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,173 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  17. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 24,270 times   67 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"

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

    9 U.S.C. § 1   Cited 12,288 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  19. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,462 times   62 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

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

    9 U.S.C. § 2   Cited 11,356 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"