Brendan Gilmore v. Shearson/american Express Inc.

How courts have described this case

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

• holding party's withdrawal of its prior motion to compel arbitration constituted express waiver of that right
• holding that complaint did not \alter the scope or theory\ of the claims to which one party had already explicitly waived arbitration, and therefore the waiver applied to the claims raised in the complaint
• holding party’s withdrawal of its prior motion to compel arbitration constituted express waiver of that right
• noting that the plaintiff need not show prejudice as “no ambiguity exists because there was an express waiver”
• finding no revival of arbitration right where -only minor factual changes were made that did not alter the scope or theory of plaintiffs claim
• rejecting defendant’s argument that the filing of an amended complaint “revived” defendant’s right to seek arbitration when defendant had waived such right in response to the original complaint

Source: CourtListener parenthetical corpus (CC0).