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· 1/12/2024

Burchard Road Petition to Abandon Land Use Permit - Decision on Motion

How courts have described this case

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

  • finding that the “the subjection of [plaintiff] to the litigation process ... the discovery process, the expense of litigation” resulted in apparent prejudice
  • finding that the “staleness of the claim, and more importantly, the subjection of [Plaintiff] to the litigation process in State Court, the discovery process, [and] the expense of litigation” resulted in prejudice
  • stating that the plaintiff 11 knew about its right to compel arbitration because the “contract itself called for arbitration of 12 disputes between” the plaintiff and the defendant
  • finding prejudice when plaintiff withdrew its arbitration request and defendant was subjected to the full litigation process in state court, including discovery, a trial, and a monetary judgment
  • finding a party had 14 knowledge of the right to arbitrate because “[t]he contract itself called for arbitration of disputes”
  • finding prejudice when plaintiff withdrew its arbitration request and defendant was subjected to the full litigation process in state court, including discovery, a trial, and a monetary judgment

Source: CourtListener parenthetical corpus (CC0).

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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.