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Golden Gate National Senior Care Llc et al v. Gaffney et al

REPLY BRIEF re MOTION to Dismiss Petitioners' Petition

18 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. Tucker v. Philadelphia Daily News

    577 Pa. 598 (Pa. 2004)   Cited 152 times
    Finding that "[a]lthough an article is not made defamatory by being unfair, the Philadelphia Daily News acted in an even handed manner by extensively quoting the attorney for the Tuckers . . ."

  5. 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

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

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

  7. 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

  8. 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

  9. 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

  10. 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

  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 346,412 times   923 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 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