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Golden Gate National Senior Care, Llc et al v. Bateman et al

REPLY BRIEF re MOTION for Summary Judgment

15 Cited authorities

  1. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,513 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

  2. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,764 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  3. Painewebber Inc. v. Hartmann

    921 F.2d 507 (3d Cir. 1990)   Cited 315 times   1 Legal Analyses
    Holding that the "plain language" of the parties' contract, which limited the cases "eligible for submission to arbitration," rendered the underlying dispute not arbitrator

  4. Shaffer v. Smith

    543 Pa. 526 (Pa. 1996)   Cited 157 times
    Affirming partial summary judgment as to civil liability based on the defendant's prior criminal convictions for assault and possession of an instrument of crime

  5. State Farm Mut. Auto. Ins. Co. v. Coviello

    233 F.3d 710 (3d Cir. 2000)   Cited 84 times
    Discussing Pennsylvania law

  6. Merrill Lynch, Pierce, Fenner, Etc. v. Haydu

    637 F.2d 391 (5th Cir. 1981)   Cited 90 times
    Noting that the Federal Arbitration Act alone is insufficient to confer federal jurisdiction over disputes involving arbitration agreements, and that an independent basis of jurisdiction — such as diversity or a federal question — is required

  7. GGNSC Uniontown, LP v. Bauer

    Civil Action No. 15-231 (W.D. Pa. Dec. 22, 2015)   Cited 4 times
    Dismissing entire Complaint on issue preclusion grounds based on state court ruling, rather than severing Wrongful Death and Survival claims

  8. Towers, Perrin, Forster Crosby, Inc v. Brown

    732 F.2d 345 (3d Cir. 1984)   Cited 34 times
    Reversing a district court order compelling arbitration since the state court's order of denial was final

  9. Erie Operating, LLC v. Foster

    C.A. No. 14-72 Erie (W.D. Pa. Jul. 20, 2016)

    C.A. No. 14-72 Erie 07-20-2016 ERIE OPERATING, LLC d/b/a GOLDEN LIVING CENTER-WALNUT CREEK, ERIE ACQUISITION, LLC; GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; SPECTRA HEALTHCARE ALLIANCE, INC.; SPECTRA HEALTCARE ALLIANCE VI, LLC; and BEVERLY ENTERPRISES, INC., Plaintiffs, v. TOM FOSTER, Administrator of the Estate of Kenneth W. Foster, Deceased, Defendant. McVerry, S.J. MEMORANDUM OPINION AND ORDER OF COURT On

  10. Gen. Acc. Fire Life Assur. v. Flamini

    299 Pa. Super. 312 (Pa. Super. Ct. 1982)   Cited 34 times

    Argued May 13, 1981. Filed May 14, 1982. Appeal from the Court of Common Pleas, Trial Division, Civil Section of Philadelphia County at No. 3386 August Term 1980, Doty, J. Roger J. Harrington, Philadelphia, for appellant. John M. Kenny, Media, for appellees. Before SPAETH, MONTEMURO and VAN der VOORT, JJ. SPAETH, Judge: This is an appeal from an order dismissing a complaint in equity. The lower court held that the issue raised by the complaint had been disposed of in a prior action and should not

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,986 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

    9 U.S.C. § 1   Cited 11,872 times   206 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  13. Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit

    28 U.S.C. § 1738   Cited 7,523 times   15 Legal Analyses
    Referring to "[t]he Acts of the legislature" in the full faith and credit context