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Zeltser et al v. Merrill Lynch & Co., Inc. et al

MEMORANDUM OF LAW in Support re: 20 MOTION to Compel Arbitration AND DISMISS OR STAY ACTION OR, IN THE ALTERNATIVE, TO DISMISS THE COMPLAINT FOR FAILURE TO STATE ANY CLAIM UPON WHICH RELIEF CAN BE GRANTED.. Document

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,874 times   508 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  4. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,908 times   602 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  5. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 12,150 times   49 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  6. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,474 times   24 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

  7. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,706 times   211 Legal Analyses
    Holding that a prudential ripeness argument was waived

  8. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,270 times   16 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

  9. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,600 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  10. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,494 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"

  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

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

    9 U.S.C. § 1   Cited 12,171 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  15. 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"

  16. 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"