§Why CasetextPricing

Bigben 1613, Llc v. Belcaro Group, Inc.

BRIEF in Opposition to 25 MOTION for Order to Stay Discovery Pending Resolution of Motion to Compel Arbitration

64 Cited authorities

  1. Hall St. Assocs., L.L.C. v. Mattel, Inc.

    552 U.S. 576 (2008)   Cited 2,047 times   63 Legal Analyses
    Holding that Federal Arbitration Act provides "exclusive" grounds for vacatur or modification of arbitration award

  2. Siegert v. Gilley

    500 U.S. 226 (1991)   Cited 3,760 times
    Holding that the plaintiff failed to state a "stigma plus" due process claim where "[t]he alleged defamation was not uttered incident to the termination of [the plaintiff]'s employment [with a federal] hospital" but was made in a letter of reference to a different federal employer several weeks later

  3. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,794 times   9 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

  4. Oxford Health Plans LLC v. Sutter

    569 U.S. 564 (2013)   Cited 740 times   79 Legal Analyses
    Holding that when determining whether to vacate an Award under Section 10 of the FAA, "an arbitral decision even arguably construing or applying the contract must stand, regardless of a court's view of its (de)merits"

  5. Mastrobuono v. Shearson Lehman Hutton, Inc.

    514 U.S. 52 (1995)   Cited 1,258 times   16 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”

  6. Payne v. Pauley

    337 F.3d 767 (7th Cir. 2003)   Cited 2,403 times
    Holding that officers acted unreasonably by twisting the arms and handcuffing "a woman who was not threatening to harm the police officer or anyone else at the scene, was not resisting or evading arrest, was not attempting to flee, and was charged with ... minor offenses"

  7. Duferco Intern. Steel v. T. Klaveness Shipping

    333 F.3d 383 (2d Cir. 2003)   Cited 476 times   1 Legal Analyses
    Holding that arbitration awards are entitled to great deference by the courts

  8. Painewebber Inc. v. Bybyk

    81 F.3d 1193 (2d Cir. 1996)   Cited 476 times   1 Legal Analyses
    Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability

  9. Slaney v. International Amateur Athletic Federation

    244 F.3d 580 (7th Cir. 2001)   Cited 389 times
    Holding "[a]n appellate court may affirm the district court's [decision] on any ground supported by the Record, even if different from the grounds relied upon by the district court."

  10. Westerbeke Corp. v. Daihatsu Motor Co.

    304 F.3d 200 (2d Cir. 2002)   Cited 368 times
    Holding that an arbitrator's "factual findings and contractual interpretation are not subject to judicial challenge, particularly on [a court's] limited review of whether the arbitrator manifestly disregarded the law"

  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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    28 U.S.C. § 1332   Cited 115,787 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"

  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,320 times   686 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

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

    9 U.S.C. § 1   Cited 12,261 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

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

    9 U.S.C. § 3   Cited 7,370 times   37 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

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

    9 U.S.C. § 10   Cited 5,577 times   105 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."

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

    9 U.S.C. § 9   Cited 3,674 times   23 Legal Analyses
    Providing that a court considering a motion to confirm "must grant" confirmation "unless the award is vacated ... as prescribed in"

  19. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,630 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  20. Section 10-4-609 - Insurance protection against uninsured motorists - applicability

    Colo. Rev. Stat. § 10-4-609   Cited 150 times
    Requiring an automobile liability insurance policy to include coverage for "damages from owners or operators of uninsured motor vehicles . . . except that the named insured may reject such coverage in writing"