· 11/28/2012
Antonia Rota-McLarty v. Santander Consumer USA, Incorporated
Citations
- 700 F.3d 690
- 2012 U.S. App. LEXIS 24447
- 2012 WL 5936033
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a consumer credit arrangement wherein a party relied upon funds from a foreign source in the “transaction is sufficient to implicate the FAA”
- holding that the defendant made the requisite initial showing to invoke the FAA, which plaintiff failed to rebut
- finding that the transaction including the arbitration agreement related to interstate commerce and therefore the district court erred by not applying the FAA
- finding that a six-and-a-half month delay, without more, was insufficient to demonstrate that the opposing party suffered actual prejudice
- finding that a six-and-a-half month delay, without more, was insufficient to demonstrate that the opposing party suffered actual prejudice
- holding that defendant did not forfeit its right to insist on arbitration when it removed the plaintiff’s case to federal court, filed an answer, proposed a bifurcated discovery plan, deposed the plaintiff, responded to the plaintiff’s discovery requests, and filed no dispositive motions
Source: CourtListener parenthetical corpus (CC0).
Judges: Shedd, Duncan, Cain
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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