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Corvex Management LP et al v. Commonwealth REIT et al

MEMORANDUM in Support re MOTION for Temporary Restraining Order

19 Cited authorities

  1. 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."

  2. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,518 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

  3. Kirleis v. Dickie

    560 F.3d 156 (3d Cir. 2009)   Cited 561 times
    Holding that "conclusory, self-serving affidavits are insufficient to withstand a motion for summary judgment"

  4. Intergen N.V. v. Grina

    344 F.3d 134 (1st Cir. 2003)   Cited 333 times   2 Legal Analyses
    Holding a party moving to compel arbitration must show that the other party is bound by the arbitration clause at issue

  5. Cheek v. Healthcare

    378 Md. 139 (Md. 2003)   Cited 153 times   2 Legal Analyses
    Holding that employer who retained discretion to alter arbitration clause at any time made “no real promise at all”

  6. Monjitas v. Irizarry

    587 F.3d 464 (1st Cir. 2009)   Cited 129 times
    Holding that Edelman does not bar retroactive relief paid from special state trust fund

  7. Noohi v. Toll Bros., Inc.

    708 F.3d 599 (4th Cir. 2013)   Cited 101 times   3 Legal Analyses
    Holding that a Maryland law requiring an arbitration provision to contain a mutually coextensive exchange of promises to arbitrate was not preempted by the FAA following Concepcion because all it did was “treat an arbitration provision like a stand-alone contract, requiring consideration” and did not disfavor arbitration

  8. Strahan v. Coxe

    127 F.3d 155 (1st Cir. 1997)   Cited 142 times   1 Legal Analyses
    Holding that the ESA prevents state officials from bringing about the acts of another party that leads to a taking

  9. Gately v. Com. of Mass

    2 F.3d 1221 (1st Cir. 1993)   Cited 137 times
    Holding that Gregory's plain statement rule did not apply to state mandatory retirement laws pertaining to police officers

  10. Teradyne, Inc. v. Mostek Corp.

    797 F.2d 43 (1st Cir. 1986)   Cited 141 times   2 Legal Analyses
    Holding that a district judge "can grant injunctive relief in an arbitrable dispute pending arbitration," and explaining that "the congressional desire to enforce arbitration agreements would frequently be frustrated if the courts were precluded from issuing preliminary injunctive relief to preserve the status quo pending arbitration and, ipso facto , the meaningfulness of the arbitration process"

  11. 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"

  12. Section 78cc - Validity of contracts

    15 U.S.C. § 78cc   Cited 541 times   8 Legal Analyses
    Providing that any contractual "provision binding any person to waive compliance with any provision of this chapter or of any rule or regulation thereunder, or of any rule of a self-regulatory organization, shall be void "

  13. Section 77n - Contrary stipulations void

    15 U.S.C. § 77n   Cited 189 times   1 Legal Analyses

    Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this subchapter or of the rules and regulations of the Commission shall be void. 15 U.S.C. § 77n May 27, 1933, ch. 38, title I, §14, 48 Stat. 84. EXECUTIVE DOCUMENTS TRANSFER OF FUNCTIONSFor transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R.