§Why CasetextPricing

Goldberg v. Sovereign Bancorp, Inc. et al

MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss and Notice of Motion to Dimiss for Lack of Subject Matter Jurisdiction.. Document

24 Cited authorities

  1. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,323 times   44 Legal Analyses
    Holding that a court must consider "whether legal constraints external to the parties' agreement foreclosed the arbitration of those claims" prior to enforcing an arbitration clause

  2. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,079 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

  3. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,431 times   21 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  4. 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”

  5. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 4,201 times
    Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

  6. Aurecchione v. Schoolman Transp. System

    426 F.3d 635 (2d Cir. 2005)   Cited 896 times   2 Legal Analyses
    Holding that a plaintiffs complaint survived Rule 12(b) dismissal where the plaintiff "made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint"

  7. Ragone v. Atl. Video

    595 F.3d 115 (2d Cir. 2010)   Cited 401 times   5 Legal Analyses
    Holding that equitable estoppel was warranted despite the non-signatory not being mentioned at all in the contract because the plaintiff non-signatory understood the extent of the non-signatory's involvement with respect to her employment, the subject of the contract

  8. Genesco, Inc. v. T. Kakiuchi & Co.

    815 F.2d 840 (2d Cir. 1987)   Cited 771 times
    Holding civil RICO and Robinson-Patman Act claims subject to arbitration based on an arbitration provision in sales-confirmation forms

  9. Oldroyd v. Elmira Savings Bank, FSB

    134 F.3d 72 (2d Cir. 1998)   Cited 297 times
    Holding retaliatory discharge claim within scope of arbitration clause covering "any, dispute controversy or claim arising under or in connection with Oldroyd's employment agreement"

  10. Hartford Acc. and Indem. v. Swiss Reinsurance

    246 F.3d 219 (2d Cir. 2001)   Cited 190 times
    Finding the language "in the event of any difference arising between the contracting parties it shall be submitted to arbitration" to be "unquestionably sufficiently broad"

  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 361,663 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 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 12,265 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

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

    9 U.S.C. § 2   Cited 11,326 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  14. 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 6,659 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  15. Section 7503 - Application to compel or stay arbitration; stay of action; notice of intention to arbitrate

    N.Y. C.P.L.R. § 7503   Cited 2,323 times
    Barring parties from seeking a stay of arbitral proceedings where they "participated" in those proceedings