§Why CasetextPricing

Arnold et al v. Chesapeake Energy Corporation et al

REPLY BRIEF re MOTION to Compel Arbitration, To Dismiss Counts VII, VIII, and IX, and To Stay All Remaining Claims Pending Arbitration

290 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 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' "

  2. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,052 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"

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,036 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"

  4. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,869 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

  5. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,791 times   601 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 9,258 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 4,558 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 11,963 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"

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

    514 U.S. 938 (1995)   Cited 5,394 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."

  10. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,648 times   64 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 )

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

    28 U.S.C. § 636   Cited 504,232 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 348,310 times   930 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 329,940 times   158 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 112,046 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,636 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  16. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,475 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"

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

    9 U.S.C. § 1   Cited 11,929 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  18. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,082 times   60 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"

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

    9 U.S.C. § 2   Cited 10,952 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  20. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,863 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct