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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.