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Crewe v. Rich Dad Education, LLC et al

MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss the First Amended Class Action Complaint., 29 MOTION to Dismiss or Stay Pending Arbitration and to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim.. Document

82 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,212 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

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

    514 U.S. 938 (1995)   Cited 5,535 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."

  3. Green Tree Fin. Corp.-Ala. v. Randolph

    531 U.S. 79 (2000)   Cited 2,446 times   28 Legal Analyses
    Holding that claims under the Truth in Lending Act are arbitrable

  4. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,301 times   44 Legal Analyses
    Holding antitrust claims arbitrable because, even if they are arbitrated, antitrust law "will continue to serve both its remedial and deterrent function"

  5. Granite Rock Co. v. Int'l Bhd. of Teamsters

    561 U.S. 287 (2010)   Cited 1,406 times   13 Legal Analyses
    Holding that the court decides when union ratified, and thus became a party to, collective bargaining agreement containing arbitration clause

  6. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,065 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration

  7. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,900 times   13 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."

  8. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,510 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII

  9. Arthur Andersen LLP v. Carlisle

    556 U.S. 624 (2009)   Cited 1,116 times   18 Legal Analyses
    Holding that the FAA "creates substantive federal law ... requiring courts to place [arbitration] agreements upon the same footing as other contracts," but that nothing in the FAA "purports to alter background principles of state contract law regarding the scope of [arbitration] agreements"

  10. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,009 times   110 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  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 357,835 times   950 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 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,716 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

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

    9 U.S.C. § 2   Cited 11,219 times   120 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

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

    9 U.S.C. § 3   Cited 7,284 times   37 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  15. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,333 times   6 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  16. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,590 times
    Codifying caselaw that incorporates "doing business" standard

  17. Section 5 - Appointment of arbitrators or umpire

    9 U.S.C. § 5   Cited 563 times   11 Legal Analyses
    Establishing procedures for the appointment of a substitute arbitrator

  18. Section 28-3-109 - Rent - Official misconduct - Contracts not otherwise covered - Title insurance - Demand notes

    Tenn. Code § 28-3-109   Cited 308 times   2 Legal Analyses
    Setting a six-year limitations period “after the cause of action accrued” to commence an action on a contract