§Why CasetextPricing

Lifestream Complete Senior Living Incorporated et al v. Arizona Healthcare Cost Containment System et al

MOTION to Dismiss Case or, in the Alternative, Stay Pending Arbitration

20 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,774 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,242 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  3. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,035 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

  4. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,332 times   21 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  5. Mastrobuono v. Shearson Lehman Hutton, Inc.

    514 U.S. 52 (1995)   Cited 1,241 times   14 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”

  6. Chiron Corp. v. Ortho Diagnostic Sys.

    207 F.3d 1126 (9th Cir. 2000)   Cited 1,210 times   1 Legal Analyses
    Holding that "district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators" despite arbitration agreement's choice-of-law provision

  7. Associated Indem. Corp. v. Warner

    143 Ariz. 567 (Ariz. 1985)   Cited 509 times
    Holding that "the statutory language is permissible," and a court is not required to "grant attorney's fees to the prevailing party in all contested contract actions"

  8. Coup v. Scottsdale Plaza Resort, LLC

    823 F. Supp. 2d 931 (D. Ariz. 2011)   Cited 45 times
    Finding that the arbitration agreement, which only referenced the PEO and not the worksite employer, applied to plaintiffs' Title VII claims when the worksite employer did not have its own employees but instead all of its workers were employed by the PEO as "on-call employees," were given the PEO employee manuals, and attended employee training and orientations sessions with the PEO

  9. Britt v. Steffen

    220 Ariz. 265 (Ariz. Ct. App. 2008)   Cited 32 times
    Holding defendant could be “successful” when complaint was dismissed without prejudice for failure to prosecute

  10. Phoenix Newspapers v. Phoenix Mailers Lo. 752

    989 F.2d 1077 (9th Cir. 1993)   Cited 54 times
    Vacating arbitrator's award when employer rejected same remedy in prior collective bargaining agreement negotiations

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 488,384 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

    9 U.S.C. § 1   Cited 11,895 times   208 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 10,927 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  14. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,612 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract

  15. Section 12-341 - Recovery of costs

    Ariz. Rev. Stat. § 12-341   Cited 964 times
    Authorizing the award of fees to the prevailing party

  16. Section 447.45 - Timely claims payment

    42 C.F.R. § 447.45   Cited 47 times
    Calculating agency payment time limits from "the date the agency receives the claim"