§Why CasetextPricing

Abrams et al v. Chesapeake Energy Corporation et al

REPLY BRIEF re MOTION to Dismiss Plaintiffs' Amended Complaint

123 Cited authorities

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

    460 U.S. 1 (1983)   Cited 11,921 times   48 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. First Options of Chi., Inc. v. Kaplan

    514 U.S. 938 (1995)   Cited 5,367 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."

  3. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,513 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

  4. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,239 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  5. Allied-Bruce Terminix Cos. v. Dobson

    513 U.S. 265 (1995)   Cited 1,604 times   12 Legal Analyses
    Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"

  6. Mastrobuono v. Shearson Lehman Hutton, Inc.

    514 U.S. 52 (1995)   Cited 1,240 times   14 Legal Analyses
    Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”

  7. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,552 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  8. Adler v. Wal-Mart Stores, Inc.

    144 F.3d 664 (10th Cir. 1998)   Cited 5,062 times   1 Legal Analyses
    Holding that arguments inadequately presented in the opening brief are waived

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

    388 U.S. 395 (1967)   Cited 2,949 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

  10. Press-Enterprise Co. v. Superior Court

    478 U.S. 1 (1986)   Cited 1,216 times   6 Legal Analyses
    Holding that a criminal proceeding may be closed to protect the accused's right to a fair trial only if doing so is "narrowly tailored to serve that interest," meaning that "there is a substantial probability that the defendant's right to a fair trial will be prejudiced by publicity that closure would prevent" and that "reasonable alternatives to closure cannot adequately protect the defendant's fair trial rights" (quoting Press-Enter. Co. v. Superior Ct., 464 U.S. 501, 510, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) )

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

    28 U.S.C. § 636   Cited 501,501 times   39 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 346,583 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

  13. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,840 times   139 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

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

    9 U.S.C. § 1   Cited 11,875 times   206 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 10,903 times   118 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 7,080 times   29 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 6,358 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  18. Section 10 - Same; vacation; grounds; rehearing

    9 U.S.C. § 10   Cited 5,423 times   103 Legal Analyses
    Vacating arbitration award appropriate " where the award was procured by corruption, fraud, or undue means; where there was evident partiality or corruption in the arbitrators, or either of them; where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."

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

    9 U.S.C. § 9   Cited 3,549 times   21 Legal Analyses
    Providing that a court considering a motion to confirm "must grant" confirmation "unless the award is vacated ... as prescribed in"