arbitration-waiver

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-1359 Robert Corliss v. Crossroads Financing, LLC, et al. California 2022-04-19 Denied Response Waived arbitration arbitration-waiver california-state-court contract-law contractual-rights court-inconsistency equal-treatment equal-treatment-principle litigation-conduct prejudice prejudice-standard waiver 1. WHETHER "PREJUDICE" TO THE PARTY OPPOSING ARBITRATION IS EVEN A FACTOR, LET ALONE THE DETERMINATIVE FACTOR, A CALIFORNIA STATE COURT OR ANY STATE O…
21-1028 International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd. Fifth Circuit 2022-01-20 Denied Response RequestedResponse WaivedRelisted (3) appellate-review arbitration arbitration-waiver circuit-split civil-procedure clear-error-standard deference fact-finding federal-rules-of-civil-procedure litigation-conduct rule-52a standard-of-review The district court in this case found, as a factual matter, that Respondent did not suffer prejudice from Petitioner's failure to immediately press it…
21-328 Robyn Morgan v. Sundance, Inc. Eighth Circuit 2021-09-01 Judgment Issued Amici (10)Relisted (2) arbitration arbitration-waiver circuit-split contract-law equal-treatment equal-treatment-principle federal-courts litigation-conduct prejudice prejudice-requirement state-courts waiver Waiver is the intentional relinquishment of a known right and, in the context of contracts, occurs when one party to a contract either explicitly repu…
18-572 Dorsey Ron McCall v. Aptim Corporation Fifth Circuit 2018-11-01 Dismissed abstention arbitration-waiver circuit-split civil-procedure federal-court-abstention federal-courts federal-state-jurisdiction forum-shopping litigation-conduct prejudice state-court-proceedings 1. Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver? 2. Shoul…