Alan S. Kramer v. Gaines W. Hammond

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendant's substantial engagement in motion practice including a motion for summary judgment, amounted to prejudice to the plaintiff and established waiver of the right to compel arbitration
• holding that the defendant’s substantial engagement in motion practice including a motion - 18 - IPAYMENT V. GRAINGER Opinion of the Court for summary judgment, amounted to prejudice to the plaintiff and established waiver of the right to compel arbitration
• noting that presumption in favor of arbitration was not intended to protect deliberate maneuvers between litigation and arbitration
• raising affirmative defenses and counterclaims without asserting right to compel arbitration a significant factor in waiver
• reversing district court's grant of motion to compel arbitration where defendant waived right to arbitrate by engaging in extensive litigation in state courts
• reversing district court's grant of motion to compel arbitration where defendant waived right to arbitrate by engaging in extensive litigation in state courts

Source: CourtListener parenthetical corpus (CC0).